Postpaid Mobile Telecommunications Services
Subscription Agreement

 

Definition of Terms

Unless the context otherwise indicates, the following terms shall have the meaning set forth herein:

  • “Administration Fees and Other Charges” refers to the fees and charges that may be charged by GLOBE such as, but not limited to, administration fees, suspension fees, cancellation fees, late payment fees, and reconnection or reactivation fees.
  • “Application Form” refers to the document duly accomplished by the Customer for purposes of subscribing to the Service.
  • “Assignee” is the authorized end user of a Company Managed Account.
  • “Authorized Signatory” refers to the person duly authorized by a Company Managed Account to sign this Agreement and to name or replace the AuthorizedRepresentative.
  • “Barred” refers to the status of the Service when outgoing services (i.e., outgoing calls, SMS, internet access) are not allowed but incoming services such as incoming calls and receiving of SMS are allowed. This is initiated by GLOBE.
  • “Base Plan” refers to a specific mobile telecommunication service availed of by the Customer.
  • “Billing Address” refers to the address indicated by the Customer in the Application Form where the Statement of Account will be delivered. For Company Managed accounts, Billing Address must be the company's address located in the Philippines.
  • “Booster” refers to a specific mobile telecommunication service or solution availed of by the Customer. It is billed on top of the monthly service fee.
  • “Bulk Service” refers to a Booster Service with a definite period ofvalidity or volume.
  • “Bundled Device” refers to the handset, laptop, netbook, tablet, Tattoo stick or such other device that is provided by GLOBE to the Customer for the latter to access the Service, the partial or full purchase price of which is included in the MRF.
  • “Company Managed Account” refers to subscription to the Service by a Customer.
  • “Company Subsidized Account” refers to subscription to the Service by an employee of a Company Managed Account enjoying the same benefits given to such Company-Managed Account provided that such employee is entitled to a communication allowance as certified by the Customer.
  • “Credit Limit” refers to the maximum recurring charge the Customer may subscribe to.
  • “Customer” refers to the person, natural or juridical, named as such in the Application Form as the party who will avail of the services and/or products of GLOBE.
  • “DBP” means Device Base Price or the cost of the Device purchased from GLOBE.
  • “Device” is the collective term for Bundled Device and Purchased Device.
  • “Downgrade Fee” refers to the amount that will be paid by Customer if Customer downgrades the Service within the Minimum Subscription Period (MSP). This is equivalent to:
    1. Postpaid and Tattoo Plan with Amortization on Device:the difference between the DBP and cash-out, divided by the lock-up period, multiplied by the remaining months in contract, plus P550 Admin Fee
    2. Tattoo Consumable Plans 299 and 499:
      1. if downgraded within 12 months from date of subscription: P2500 or cost of device whichever is higher, plus P550 admin fee
      2. if downgraded above 12 months and within 24 months from date of subscription: 50% of device cost
    3. Tattoo Plan 999 and LTE Plans:
      1. if downgraded within 12 months from date of subscription: P3000 or cost of device whichever is higher, plus P550 admin fee
      2. if downgraded above 12 months and within 24 months from date of subscription: 50% of device cost
  • “GLOBE” refers to Globe Telecom, Inc.
  • “Globe myBusiness Customer Service Channels” refers to the dedicated customer service for customers with e-mail addressmyBusinessCARE@globe.com.ph andhotline number (02) 730 1288.
  • “IMEI” means International Mobile Equipment Identity used to identify a valid handset or mobile gadget.
  • “Line” refers to a Service subscription identified by the mobile number.
  • “Minimum Subscription Period” (MSP) is the minimum period stated in the application form during which Customer is required to maintain the subscription to the Service, otherwise Customer shall be liable to pay the applicable Pre-Termination Fee or Downgrade Fee should the subscription be terminated or downgraded within such period.
  • “MMS” means Multi-Media Services.
  • “MRF” means Monthly Recurring Fee which is the minimum regular monthly fee paid by the Customer to GLOBE for the privilege to use the Service.
  • “NTC” refers to the National Telecommunications Commission.
  • “Party” refers to either GLOBE or Customer. “Parties” refer to both GLOBE and Customer.
  • “Pre-Termination Fee” refers to the amount that will be paid by Customer if Customer terminates the Service within the MSP.It is equivalent to the difference between theDBP and cash-out, divided by the lock-up period, multiplied by the remaining months of the MSP. P550 Admin Fee is then added to the result.
  • “Price Bulletin” refers to the list of plans, device, device cash-outs and HBP.
  • “Purchased Device” refers to handset, laptop, netbook, tablet, Tattoo stick or such other device that is purchasedby Customer from GLOBE to be used by the Customer in accessing the Service, the purchase price of which is not included in the MRF but billed separately in the Statement of Account.
  • “Roaming Partner” refers to the foreign mobile telephone network service provider with whom GLOBE has an existing international roaming agreement whereby Customers are allowed to avail of the international roaming service using the network of such foreign mobile telephone network service provider.
  • “Serial Number” refers to the number attached to the Device which serves as identification of such Device.
  • “Service” refers to the postpaid mobile telecommunication services of GLOBE consisting of wireless voice and data services such as calls, SMS or text, MMS and broadband service or access to the internet, and such other mobile services that may be offered by GLOBE.
  • “SIM” means Subscriber Identity Module.
  • “Single Point of Contact” or SPOC refers to the person duly authorized by the Authorized Signatory of Company Managed Accounts to deal with Globe on day-to-day transactions. The Authorized Signatory may nominate himself as the SPOC
  • “SMS” means Short Messaging Service or text.
  • “Spending Limit” refers to the maximum allowable usage for each Line that a Customer may specify for his subscription. This is applied to a customer's unbilled charges.
  • “Usage Charges” refers to the charges for usage of Service not covered by the MRF.
  • “VAS” means Value Added Service.

Application Approval and Service Activation

  1. Customer affirms that the information provided in the Application Form and the supporting documents submitted are true and correct. Customer authorizes GLOBE to verify such information from whatever sources. Any incorrect information provided by Customer may result in the denial of the application or if already approved, in the suspension or termination of the Service.
  2. GLOBE may request submission by Customer of additional requirements to facilitate the processing of its/his/her application. Approval of the application for Service is at the sole discretion of GLOBE. In the event that Service application is disapproved or denied, GLOBE has no obligation to divulge to applicant the reason for such disapproval or denial.
  3. The Service shall be activated after approval of Customer's application.

SIM Card

  1. To be able to access the network of GLOBE and use the Service, GLOBE shall issue to Customer a SIM card.
  2. Customer shall be responsible for the SIM card upon its delivery to it/him/her. Customer shall keep the SIM card in good condition, fair wear and tear excepted. Customer shall bear the loss of the SIM card and in case of such loss, it is incumbent upon Customer to obtain a replacement SIM card from GLOBE in order that it/he/she may continue to access the Service. Damage to or loss of the SIM is not a valid ground for Customer not to pay the MRF and other charges. Neither is it a valid ground for termination of the Service without Pre-Termination Fee if such loss or damage occurs within the MSP.
  3. Customer shall be responsible for the security of the SIM card that will be provided by GLOBE and the confidentiality of its/his/her/ Personal Identification Number (PIN). All access to the Service made through the use of the SIM card shall be presumed made or authorized by Customer, hence, all the charges for such use shall be paid by Customer except for usage after the loss of the SIM card has been immediately reported to and acknowledged by GLOBE myBusiness Customer Service Channels.

Device

  1. The necessary device for accessing the Service may be a Bundled Device, Purchased Device or a device obtained by the Customer from other sources.
  2. By accepting the Device delivered to the Customer, the Customer confirms that it/he/she has inspected the Device and found the same in good order and working condition. Specifically, Customer confirms that -
    1. the Device and its accessories, i.e., battery, charger, etc., are new and original;
    2. there is a manufacturer's warranty seal, which is not defaced or altered;
    3. the Device's external housing, keypad and cosmetic parts are free from dents and scratches; and
    4. the Device and its accessories have no apparent defect and thus —
      1. screen shows a clear display;
      2. display has no missing lines;
      3. keys respond accordingly;
      4. signal indicator is stable;
      5. device is properly charging; and
      6. for mobile phones, incoming and outgoing calls are audible.
  3. In the event of a Device with factory defect —
    1. If factory defect is discovered within seven (7) days from date of delivery-
      1. For Company Managed Account, the defective Device will be replaced by GLOBE provided that the defect is reported to the GLOBE myBusiness Customer Service Channels within seven (7) days from delivery to the SPOC, and the defective Device, together with all its accessories and original packaging, as well as the original invoice and delivery receipt, is ready for pick up at the appointed date and time set by GLOBE. Another option is for the Customer to bring the defective Devicetogether with all its accessories and original packaging to any GLOBE Store.
      2. For Company Subsidized Account, such defective Device shall be replaced by GLOBE provided that the defective Device, together with all its accessories and original packaging, as well as the original invoice and delivery receipt, is brought to any GLOBE Store within seven (7) days from delivery thereof to the Customer.
    2. If the factory defect is discovered beyond seven days from date of delivery, subject to the manufacturer's warranty, Customer should bring the defective device to the authorized service center of the manufacturer.
    3. All GLOBE provided Device have a one (1) year Manufacturer's Warranty (“Warranty Period”).
  4. GLOBE reserves the right to deny a request for replacement in any of the following instances:
    1. The Device has been subjected to abnormal or negligent use; improper storage; exposure to moisture or dampness, excessive temperature or abnormal environmental conditions; unauthorized modifications, connections, or repair;
    2. The Device's serial number, accessory date code, IMEI, or manufacturer's warranty seal has been removed, defaced or altered;
    3. GLOBE's SIM lock has been unlocked or tampered;
    4. The original manufacturer's battery, antenna, front and back covers, or other accessories are incomplete or have been replaced;
    5. There are visible dents, scratches, markings or signs indicating that the Device was dropped;
    6. There is a network monitor installed in the transceiver;
    7. There are softwares or features not normally present in the original Device;
    8. Any software embedded on the Device has been deleted;
    9. The Device's IMEI or Serial Number is not the same as the IMEI or Serial Number of the Device delivered to Customer; or
    10. Any other instance showing that the Device's flaw is not a factory defect.
  5. Customer shall be responsible for the Device upon its delivery to it/him/her. Customer shall keep the Device in good condition, fair wear and tear excepted. Customer shall bear the loss of the Device, hence, the damage to or loss of Device is not a valid ground for Customer not to pay the MRF and other applicable charges. Neither is damage to or loss of Device is a valid ground for termination of the Service without Pre-Termination Fee if such loss or damage occurs within the MSP. In the event of damage to or loss of the Device, it is incumbent upon Customer to have such Device repaired or to obtain another device in order that it/he/she may continue to access the Service.
  6. In the event of damage to or loss of the Device, GLOBE has no obligation to repair or replace the damaged Device if the same is caused by vandalism, accident, Customer's own fault or negligence or that of a third person, fire, theft or robbery, or force majeure. In the event of damage or loss of the Device, Customer shall remain liable to pay the MRF without any deduction on account of the damage to or loss of the Device. Likewise, Customer shall remain liable to pay the price of the Purchased Device.
  7. In the event of Device/SIM loss, the customer should immediately notify GLOBE myBusiness through its 24x7 GLOBE myBusiness Customer Service Hotline at (02) 730-1288.In the event of such loss, GLOBE will temporarily disconnect the Service upon request of the Customer. Usage charges that accrue prior to the time that the loss is reported to GLOBE shall be billed to and paid by Customer. The Service will be re-connected upon request of Customer. However, GLOBE has the option to reconnect the Service after the lapse of thirty (30) days even in the absence of a request for reconnection. During the period of temporary disconnection, the MRF will not billed. If the temporary disconnection occurs within the MSP, the MSP will be extended for the same period that the Service was temporarily disconnected.
  8. By accepting the Device, Customer acknowledges that the features of the Device has been explained and understood. Customer further acknowledges that it is the obligation of the Customer to thoroughly know the specifications, features, and capabilities of the Device. Hence, all usages emanating from the use of the Device whether or not actively or consciously made by the Customer, or made by another person with or without Customer’s consent, is billable and shall be paid for by the Customer.

Mobile Numbers

  1. Randomly assigned mobile numbers follow the numbering plan assigned by the NTC. GLOBE retains ownership over these numbers and thus, have the right to change and re-allocate any telephone number assigned to Customer at any time without incurring any liability for any loss suffered or inconvenience experienced by Customer arising from such change or re-allocation.
  2. Upon termination of the Service, GLOBE may assign to another customer the telephone number previously assigned to Customer, hence, it is incumbent upon Customer to notify its contacts of such termination.

Booster Services

  1. Customer may choose from any of the available Booster.
  2. Customer may change, add or cancel the Boosters subscribed to through the GLOBE myBusiness Customer Service. Activation or de-activation of Boosters will be effected within the next business day. Approval of any application or request for a change in any Booster shall be at the sole discretion of GLOBE.
  3. Each Booster has a corresponding MRF.
  4. If the Booster subscribed to is DUO, the following additional terms and conditions shall apply:
    1. The Customer will be given a separate DUOnumber which serves as its/his/her new landline number.
    2. The Customer's existing line shall not be subscribed to more than one active DUO Service.
    3. Within the DUO registered area, Customer can make free unlimited calls :
      1. to any landline numbers with the same area code as the DUO number, subject to applicable interconnection policy
      2. to any Globelines numbers anywhere in the Philippines, and
      3. to any DUOnumber anywhere in the Philippines.
    4. Customer will be assigned a DUOnumber based on the Customer’s address.
    5. Calling a landline number outside Customer’s registered DUO area will be charged as NDD.
    6. All calls made while outside the DUO registered area will be charged as mobile calls.
  5. Boosters are renewed and charged every 30 days such that, even if Booster was active for less than 30 days, the full MRFfor 30 days will be charged.

Special Promotions

  1. GLOBE may offer special promotions from time to time. The terms and conditions applicable to such special promotions shall apply during the promotion period. Upon the lapse of the promotion period, the application of the terms of conditions of this Agreement shall be resumed.
  2. Customer acknowledges that there may be some special promotions advertised by GLOBE that may not be availed of by Customer because said special promotions are available only to Accounts that are classified by GLOBE as “Consumer” accounts or Accounts that belong to the other business units of GLOBE.

Minimum Subscription Period (MSP)

Upon the lapse of the MSP, this Agreement shall be renewed automatically on a month-to-month basis until a new agreement is executed by the parties or this Agreement is terminated in accordance with the provisions of this Agreement.

International Roaming Service

  1. When traveling abroad, Customer may avail of the international roaming service using the SIM through the networks of GLOBE's Roaming Partners. GLOBE, however, makes no representation, that the international roaming service is always available in all countries.
  2. The Customer shall abide by the terms and conditions imposed by the Roaming Partner whose roaming service is availed of by the Customer while abroad.
  3. Customer acknowledges that it/he/she will be billed roaming charges, in addition to the MRF and/or the usual charges for both incoming and outgoing calls, outgoing SMS (and incoming SMS for some Roaming Partners),internet access, VAS, and such other services that may be availed of by Customer through the Roaming Partner's network. Roaming rates vary and subject to change without notice at the discretion of the Roaming Partner, hence, it is incumbent upon the Customer to inquire from GLOBE about the charging principle of the Roaming Partners in Customer's country of destination.
  4. International Roaming Serviceis automatically activated upon subscription to the Service unless customer opts-out of the International Roaming viamyBusiness Customer Service Channels.
  5. GLOBE has the option to immediately suspend the International Roaming service without notice and without liability to Customer -
    1. when Customer exceeds its/his/her SpendingLimit;
    2. when there is an unusual surge in usage; of the Customer's Line;
    3. when GLOBE reasonably suspects that the Service is being used to commit fraud;
    4. when requested by the Roaming Partner; or
    5. when there are circumstances necessitating the suspension of the international roaming service.
  6. In case of loss of the SIM and/or Device while roaming, Customer should immediately report such fact by calling collect (operator-assisted) the GLOBE Roaming Support Hotline at +632 7301212. IDD charges to other numbers and hotel call charges or surcharges that may arise in making such operator assisted calls, shall be shouldered by Customer. Customer shall be liable for all the charges arising from all usage up to and until Customer has reported the loss.

After—sales Service

  1. SPOC may coordinate with a dedicated After-Sales Team whom Customer can coordinate with for its/his/her after-sales concerns such as, but not limited to the following:
    1. Report of Lost SIM;
    2. Change of Account Assignee;
    3. Change of Billing Address;
    4. Change of Mobile Number;
    5. Change or Modification of Subscription Plan/ Booster resulting to change in MRF
    6. IDD Activation or Deactivation;
    7. International Roaming Activation/ De-Activation;
    8. Request for Temporary Disconnection;
    9. Reconnection of a Call Redirected / Temporarily Disconnected Account;
    10. Request for Pin Unblocking Key (PUK);
    11. Report of Lost and/or Found Device/SIM ;
    12. Increase/Reduction of Credit Limit and/or Spending Limit;
    13. SIM Card Replacement;
    14. Billing Concerns;
    15. Device Replacement (subject to the rule on 7-day replacement)
    16. Order additional lines
    17. Subscription to Boosters.
  2. For Company Managed Account, only the SPOC is authorized to transact the after sales services listed above.
  3. If the SPOC will be changed, the Authorized Signatory should notify GLOBE in writing of the fact that the SPOChas been changed and the name of the new SPOC. Otherwise, GLOBE shall not be liable for any loss or damage that may be suffered by Customer arising from the acts of the SPOCon record in the event that such SPOC's authority has been revoked by Customer.
  4. Notice of change of SPOCfrom the Authorized Signatory should be sent to GLOBE myBusiness Customer Service-
    1. by personal delivery;
    2. by mail or courier; or
    3. by e-mail (using the Authorized Signatory's e-mail address on record with GLOBE) to myBusinessCARE@globe.com.ph.Scanned copy of the written notice signed by the Authorized Signatory must be attached to the e-mail.

Fees and Charges

  1. Upon activation of the Service, Customer will be charged the applicable MRF and the applicable charges for the use of the Service that is not covered by the MRFand Booster charges.Services that are neither covered by the MRF nor the Booster shall be billed on a “pay-per-use” basis in accordance with the applicable rates.
  2. In addition to the MRF, GLOBE may charge Customer fees and charges, which may include administration fees, suspension fees, cancellation fees, late payment fees, reconnection or reactivation fees, downgrade fee, transfer fee, pre-termination fee, service modification fee, bill delivery fee, and such other applicable fees or charges as may be determined by GLOBE.

Credit Limit

  1. Customer will be assigned a credit limit which specifies the maximum recurring charge which it/he/she may subscribe to.
  2. GLOBE reserves the sole right to determine the Customer’s Credit Limit and approve or disapprove any request for change in the Customer’s Credit Limit. GLOBE may also proactively increase customer’s credit limit and notify the latter of the increase. Customer must notify GLOBE within the period indicated in the notificationif the new Credit Limit is not acceptable. Otherwise, Customer shall be deemed to have accepted the new Credit Limit

Spending Limit

  1. Customer may opt to set its desired Spending Limit per line subscribed to. If Customer does not set a Spending Limit, GLOBE will set a default Spending Limit.
  2. GLOBE has the sole right to increase or decrease Customer's Spending Limit and approve or disapprove any request for a change in the Customer’s Spending Limit. GLOBE may also proactively increase Spending Limit and notify Customer of the increase. Customer must notify GLOBE within the period indicated in the notification if the new Credit Limit is not acceptable. Otherwise, Customer shall be deemed to have accepted the new Credit Limit.
  3. Customer may request, at any time, details about its unbilled charges through the GLOBE myBusiness Customer ServiceChannel or by visiting any GLOBEStore, or consulting the Customer's account manager.
  4. If Customer exceeds the Spending Limit, GLOBE may send notifications through any of the contact numbers provided by the Customer. Further, GLOBE may bar the Service and may require immediate payment in order that Customer can continue to avail of the Service.
  5. Notwithstanding, Clause 4 of Spending Limit provision, it is incumbent upon Customer to monitor its/his/her usage in order to avoid exceeding the Spending Limit.
  6. Notwithstanding the setting of a Spending Limit, Customer shall pay for all usage whether within or in excess of its Spending Limit.

Billing

  1. Customer’s account is automatically enrolled to the paperless billing system of GLOBE. In this system, GLOBE shall send to the e-mail address of the customer the eBill or soft copy of the system generated Statement of Account after the monthly billing cut-off date unless the customer opts to receive paper bill in his billing address. Paper bill fees may apply.
  2. GLOBE may send the Statement of Account to other address(es) of the Customer, if any, disclosed in the Application Form, in the event of unsuccessful attempt to deliver the Statement of Account to the Billing Address.
  3. It is the obligation of Customer to immediately inform GLOBE of any change in its/his/ her Billing Address and e-mail address through the GlobemyBusiness Customer Service. Non-receipt of the Statement of Account is not a valid excuse for Customer not to pay on or before the due date. For Company-Managed Account, Customer hereby authorizes GLOBE to provide to the Assignee information about the Account.
  4. GLOBE will try to include in the Statement of Account all charges for the relevant billing period. However, this may not always be possible and GLOBE may include the unbilled charges in later bill(s).
  5. Customer should bring to the attention of GLOBE myBusiness Customer Serviceany billing inquiry or complaint within thirty (30) days from the date of the Statement of Account. Otherwise, the accuracy of the Statement of Account shall be deemed to be accepted by the Customer and in effect final and conclusive. In responding to any billing inquiry or complaint, the records of GLOBE shall be deemed correct and conclusive and hence, will be relied upon in the resolution of a billing complaint or dispute.
  6. Billing for the Service may be placed in a single Statement of Account together with the billing for other services availed of by Customer.
  7. GLOBE may bill the Customer using an authorized billing agent.

Taxes and Currency Exchange Rates Adjustment (CERA)

Customer shall be liable to pay Value Added Tax (VAT), Overseas Communications Tax and such other applicable taxes that may be imposed by the government. The Statement of Account shall include Currency Exchange Rates Adjustment (CERA), if applicable, which shall be for the account of Customer. Customer shall be liable to pay Value Added Tax (VAT), Overseas Communications Tax and such other applicable taxes that may be imposed by the government. The Statement of Account shall include Currency Exchange Rates Adjustment (CERA), if applicable, which shall be for the account of Customer.

Payments

  1. Customer shall pay the entire amount billed in the Statement of Account on or before the due date stated therein without need of any demand, demand being hereby expressly waived by Customer. Otherwise, GLOBE may impose a late payment fee of 2% per month of the unpaid amount from due date until full payment thereof.
  2. Customer’s failure or refusal to pay any outstanding charges by the due date shall entitle GLOBE to exercise its right to suspend the Service(s) without incurring any liability.
  3. Customer shall pay its/his/her bills through any of the accredited payment channels. GLOBE shall not be bound to honor payments made to persons or entities not authorized by GLOBE to receive payments on its behalf. If Customer's payment is not honored (for example, in the case of insufficient funds for direct debit or credit card payment, or a dishonored check), GLOBE may charge Customer a fee for such dishonor of payment.
  4. Customer should always indicate the account number to which the payment will be applied. GLOBE shall in no way be liable if the payment is not properly posted due to failure of Customer to indicate the correctaccount number.
  5. Payments shall be applied in the following order: first, to late payment fee, if any; second to billing in arrears, if any; and third, to current billing.
  6. Any late payment made by Customer, whether in full or in part, shall not affect GLOBE's right to pursue available remedies against Customer, whether in law or in contract.
  7. In case of overpayment, the excess amount may be credited and applied to Customer's future bills for the same account or be used to offset outstanding fees or charges or any other sum due in Customer's other bills, if Customer has multiple accounts. If subscription has been terminated and Customer has no other existing account,GLOBE will use reasonable endeavors to notify Customer of the overpayment and refund the same.

Prohibited Acts of the Customer

  1. Customer acknowledges that the Device is locked to the GLOBE network. Customer shall not take any action to have the SIM lock unlocked.
  2. Customer shall not use, or allow the use of, the Service, SIM or Device -
    1. to transmit messages in violation of the law;
    2. for any fraudulent or illegal activity;
    3. to infringe upon the rights of GLOBE or any third party;
    4. to conduct spamming. Spamming is the use of electronic messaging systems to send unsolicited bulk messages which may not necessarily be offensive, such as but not limited to, messages encouraging recipients to join a particular cause, join a training, apply for a loan, or campaign for a politician.
  3. Customer shall not connect the Device to any instrument or accessory that is not allowed by GLOBE. -
  4. The SIM shall not be inserted in a device that is intended for broadcasting, or that allow the re-selling of Services to the public such as Private Automatic Branch Exchange (PABX) System, broadcaster modem, internet modem, payphone, or other analogous equipment.

By-pass Provision

  1. Customer shall not use the Service to conduct any service such as callback, unauthorized audiotex, International Simple Resale (ISR), and other analogous services which are prohibited in the Philippines, or which operation or service constitutes a bypass defrauding GLOBE and/or its interconnect partners of the rightful access/termination charges due them.
  2. In the event that Customer uses GLOBE's facilities and services for any illegal or unauthorized service including but not limited to those enumerated above, Customer shall immediately compensate GLOBE an amount equivalent to the rightful access or termination charge prevailing (if only GLOBE network is affected) or the access or termination charge demanded by GLOBE's interconnect partner at the time the bypass was committed for the type of traffic passed via the bypass service or practice committed by Customer to the applicable network (including without limitation, a GLOBE network, or the network of any other carrier with whom GLOBE has an interconnect agreement, whether mobile or landline) plus fifty percent (50%) of such access or termination charge (the "Bypass Compensation") demanded by the affected network.
  3. Such Bypass Compensation shall be payable, without limitation, from the time the bypass activity was conducted by Customer until complete payment thereof by Customer, and such Bypass Compensation shall be computed from the time the bypass occurred until the actual cessation of bypass. GLOBE shall likewise pass on, and Customer agrees to accept and immediately pay, all other claims and damages demanded by any of GLOBE's interconnect partners who may have been affected, directly or indirectly, by the unauthorized service. This shall not be subject to any limitation of liability, notwithstanding any provision to the contrary.
  4. If GLOBE detects that Customer is engaged in any of the acts mentioned in Clause 1 of By-pass provision, GLOBE may immediately suspend or terminate the Service without notice to Customer and GLOBE will have no liability whatsoever to Customer for such suspension or termination.

Suspension of the Service

  1. Customer may request for suspension of the Service. When the Service is suspended, both incoming and outgoing services such as calls, texts, or internet access are not allowed.
  2. Customer may request for suspension of the Service for a maximum period of thirty (30) days. GLOBE has the sole discretion whether or not to allow the requested suspension of the Service. If the barring of the Service is effected within the MSP, the MSP shall be extended for the same period that the Service is suspended. If after thirty (30) days, no request for reconnection is made by the Customer, GLOBE has the option to reconnect the Service or terminate the Service. If termination is effected within the MSP, Customer shall be liable to pay the applicable pre-termination charge within thirty (30) days from termination of the Service.

Representations and Warranties

  1. GLOBE represents and warrants that it will provide the Service in compliance with applicable laws and in accordance with industry standards.
  2. GLOBE DOES NOT REPRESENT NOR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS PROVIDED IN THIS AGREEMENT, GLOBE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES AS TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER DOES GLOBE MAKE ANY REPRESENTATION THAT THE SERVICE IS AVAILABLE THROUGHOUT THE PHILIPPINE TERRITORY AND IN ALL INTERNATIONAL TERRITORIES.

Barring of Service

  1. GLOBE may Bar the Service, with or without notice to Customer, on the following grounds:
    1. When Customer has exceeded its/his/her Spending Limit; or
    2. When Customer fails to pay any outstanding amount on or before due date.
    3. In the event that GLOBE suspects that Customer has committed a subscription fraud. i.e., submission of fake documents to support the application for Service.
    4. Customer commits a material breach of any provision of this Agreement;
    5. GLOBE reasonably suspects that Customer is committing any of the prohibited acts;
    6. There is an abnormally high usage of the Service by Customer;
    7. Customer violates GLOBE's Acceptable Use or Fair Use Policy;
    8. Customer suffers an insolvency event and GLOBE reasonably believes that it is unlikely to receive payment of amount due from Customer;
    9. GLOBE is required to suspend or terminate the Service to comply with a law, an order, instruction, request or order issued by any court, government agency or any other competent legal authority;
    10. Problems involving any of GLOBE's suppliers, vendors or third party contractors or other circumstances exist which prevent GLOBE from effectively providing the Service;
    11. Repair or maintenance work on GLOBE's network;
    12. Force majeure; or
    13. Any analogous ground.
  2. Barring of the Service may result to termination of the Service if Customer fails to cure, within the period specified by GLOBE, the ground invoked by GLOBE for barring of the Service. If the termination is within the MSP, Customer shall be liable to pay the applicable pre-termination charge within thirty (30) days from termination of the Service.
  3. Customer shall remain liable to pay the MRF during the period that the Service is Barred.
  4. The suspension will be lifted by GLOBE upon request of Customer provided that Customer has complied with all the requirements for such lifting, including, but not limited to, payment by the Customer of the applicable re-connection fee.
  5. Failure of the Customer to cure the cause of the barring within the required period of time entitles GLOBE to terminate the Service. If the Service is terminated within the MSP, Customer shall be liable to pay the applicable Pre-Termination Fee.

Limitation of Liability and Remedies

  1. Customer assumes all the risks associated with the use of the Service. GLOBE shall not in any way be liable for any damage or loss, including but not limited to loss of data, that may be suffered by Customer arising from the use of or inability to use the Service.
  2. GLOBE SHALL NOT BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF INCOME, PROFITS, DAMAGES FROM LOSS OF USE, OR BUSINESS OPPORTUNITY, OR FAILURE TO ACHIEVE COST SAVINGS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS, COST, OR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH the SERVICE.
  3. GLOBE shall not in any way be liable for any suspension, barring or termination of the Service in accordance with the provisions of this Agreement.
  4. GLOBE's aggregate liability under this Agreement shall not exceed Ten Thousand Pesos (P10,000.00).
  5. Customer shall defend and hold GLOBE, its stockholders, officers, employees, contractors or agents free and harmless from any and all claims, demands, actions, causes of action, judgment, costs and reasonable attorney's fee and expenses of any nature for —
    1. any damage of any kind arising from or related to Customer's use of the Service or by another party irrespective of whether Customer has known or authorized such usage; and
    2. claims resulting from any action taken by GLOBE during or as a result of GLOBE's investigations and/or from any action taken as a consequence of investigations conducted by GLOBE or by law enforcement authorities.
  6. In no event shall GLOBE be liable for:
    1. any damage of any kind arising from or related to Customer's use of or inability to use the Service or by another party irrespective of whether Customer has known or authorized such usage;
    2. any damage to property or injury or death to any person resulting from Customer's use and operation or malfunction of any Device used for the Service;
    3. any damage as a result of Customer's act or omission in connection with the Service or Device;
    4. any damage as a result of Customer's failure to comply with the terms and conditions of this Agreement;
    5. any unauthorized access by a third party to Customer's data;
    6. any error, omission or inaccuracy with respect to any information disclosed through the use of the Service, or for any damage which such errors may cause; or
    7. any delay, interruption or failure to provide or restore the Service due to force majeure or causes beyond GLOBE's control.

Assignment or Transfer of Service

  1. Customer shall not —
    1. allow any person to share in the use and benefits of this Agreement, whether for consideration or not; or
    2. assign this Agreement or any right, interest or benefit herein; or
    3. mortgage or hypothecate the Device owned by GLOBE, without GLOBE's prior written consent.
  2. Customer may secure GLOBE's written consent to assign or transfer by accomplishing and submitting the appropriate service modification request together with the required supporting documents through the GLOBE myBusiness Customer Service.
  3. In the event GLOBE discovers that Customer has procured or caused any of the activities stated in Clause 1 of Assignment or Transfer of Service provision above without GLOBE's written consent, GLOBE reserves the right to immediately terminate the Service without any obligation whatsoever to provide Service to Customer's transferee or mortgagee, or honor any agreement between Customer and its/his/her transferee or mortgagee. Customer shall indemnify GLOBE for all sums which it may be held liable by virtue of its refusal to render the Service to the unauthorized transferee, mortgagee or assignee.
  4. GLOBE may impose such terms and conditions as it may deem fit, including the terms and conditions of this Agreement, for the re-connection or continuation of the Service to Customer's transferee.
  5. Customer shall continue to be liable for all charges incurred until GLOBE has approved the service modification request for the transfer.

Termination of Service

  1. Upon termination of Service, Customer is liable to immediately pay any and all outstanding MRF, fees and charges, including unpaid portion of the purchase price for the Device and Pre-Termination Fee, if any.
  2. GLOBE reserves the right to issue a supplemental billing after the termination of the Service in the event that there are fees or charges that have not been included yet in the Statement of Accounts previously sent to Customer.
  3. Should the Customer use the Service after the termination date of the Service, Customer shall pay the corresponding charges for such use upon demand of GLOBE.
  4. If the Service is terminated during the MSP by the Customer or by GLOBE as a result of circumstances reasonably attributable to Customer, Customer shall be liable to pay the applicable Pre-Termination Fee.
  5. Any deposit or advance payment by Customer shall be applied to any outstanding amount due to GLOBE as of the termination date.

Miscellaneous

  1. This Agreement represents GLOBE's and Customer's entire understanding and supersedes all prior written and oral agreements and representations.
  2. This Agreement shall commence on the date of GLOBE's activation of the Service and shall continue until terminated by either GLOBE or Customer or by their mutual agreement.
  3. Any failure by GLOBE to enforce any provision of this Agreement, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.
  4. If any portion of this Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
  5. This Agreement shall be construed in accordance with the laws of the Philippine. In case of suit arising from this Agreement, Parties agree to submit to the appropriate courts in Metro Manila that has jurisdiction over the case to the exclusion of all other courts. In addition to the amount due and collectible, Customer shall pay an additional twenty-five percent (25%) of such amount by way of liquidated damages and another twenty-five percent (25%) of such amount by way of attorney's fees and costs of suit.
  6. Customer hereby acknowledges that -
    1. For Company-Managed Account, Customer's Authorized Signatory has read and understood all the terms and conditions herein stated and that such Authorized Signatory has voluntarily signed this Agreement with full knowledge and consent of everything contained in this Agreement; and
    2. For Company-Subsidized Account, Customer has read and understood all the terms and conditions herein stated and that such Customer has voluntarily signed this Agreement with full knowledge and consent of everything contained in this Agreement.

Acceptable Use or Fair Use Policy

Your use of the Service is subject to the following rules and guidelines contained inthis policy. This policy is designed to ensure that your use of the Service does not break any laws, hinder the efficient operation of our network, and interfere with the rights of our subscribers and other internet users.

You are responsible for ensuring that use of the Service and your internet account (if any) complies with this policy. You are also responsible for any use of the Service even if it was used with or without your consent, by any person who gains access to theService or your internet account (if any).

If you become aware of any violations of this policy by other subscribers, you should contact us.

ILLEGAL ACTIVITY

You agree to use the Service only for the purpose agreed under our Agreement. You must not use the Service for any activity that breaches any law or violates any law, order, regulation or industry code of practice, whether local or international.

Prohibited activities include (but are not limited to): posting, disseminating, or in some cases accessing content which is unlawful, including: (i) content that includes(but is not limited to) material containing excessive and/or sexual violence, implied or simulated sexual activity, or materials which deal with issues or contain depictions that require an adult perspective, detailed instruction in crime, violence or drug use, child pornography, bestiality, excessive violence or sexual violence, real depictions of actual sexual activity or criminal activities, (ii) content which violates the copyright or other intellectual property rights of others. You assume all risks regarding the determination of whether material is in the public domain, or (iii) content that defames, harasses or abuses anyone or violates their privacy, (iv) pyramid or other illegal soliciting schemes, or (v) any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature. In addition, may not engage in any activity that constitutes a Bypass or Simple Resale. These are activities where a subscriber resells or uses the Service in violation of existing laws for an illegal purpose or uses the Service as part of ringback, dialback, or similar operation, or avails of ringback, dialback, or similar services utilizing the Services provided to subscribers.

SECURITY

You are responsible for any misuse of the Service, as set out in the preceding clause.
You must take reasonable steps to ensure that others do not gain unauthorized access to the Service and your Internet account (if any).

The Service must not be used to obtain or attempt to obtain unauthorized access to any computer, system or network. If you do not have authorization, prohibited activities include (but are not limited to): (i) accessing, monitoring or using any data, systems or networks, (ii) probing, scanning or testing the vulnerability of a system or network, (iii) breaching any security or authentication measures for a system or network, (iv) accessing the account or private information of any other person or entity, (v) accessing any server in violation of any acceptable use policy of that server, including any attempt to do any of the things mentioned in paragraphs (i) to(iv)above.

You must not (i) use (or attempt to use) or distribute tools designed for compromising security including, but not limited to, password guessing programs, cracking tools, packet sni¬ffers or network probing tools, (ii) knowingly transmit or disseminate any information or software which contains a virus or other harmful feature, (iii) use (or attempt to use) the Service in a manner that may interfere with the technical operation of the Service or any other computer system, network or telecommunications services, including (but not limited to) denial of service attacks, flooding of a network, overloading a Service, improper seizing and abuse of operator privileges and attempts to ‘crash’ a host, or (iv) interfere (or attempt to interfere) with the regular workings of our systems or network connections.

You are solely responsible for the security of any device you choose to connect tothe Service including any data stored on that device. You have full control and responsibility for ensuring the security and confidentiality of any software application, codes, passwords, IDs, and the like used with the Service. You agree and acknowledge that all transmission either through voice calls, Short Messaging Service (SMS) and, data originating from your account shall be conclusively presumed to be your transmissions or has been authorized by you. Further, you acknowledge that it is your sole obligation and responsibility to obtain the consent of all recipients of transmissions made using the Service. We recommend against enabling file or printer sharing of any sort. We recommend that any files or services you do choose to make available for remote access be protected with a password or other appropriate measures to prevent unauthorized access. You must notify us immediately of any unauthorized or attempted unauthorized use of your Service and any other breach or attempted breach of security.

SOFTWARE APPLICATION

You acknowledge and agree that you will ---(a) use the software application provided and installed by us (”Application”) on your equipment in a proper manner and will not re-configure or tamper with the Application as stated in the relevant software license agreement or user’s guide; (b) not allow the installation of the
Application to any other personal computer, storage device such as a network server unless covered by the relevant software license agreement; (c) not, without our prior written consent to resell or transfer, rent, lease or lend the use of the Application; and (d) not reverse engineer, decompile, or disassemble the Application.

You agree to promptly report to us any problem with or damage to the Application and any circumstances or any acts of other persons which may or which you have any reason to believe will cause damage to the Service.

RISKS OF THE INTERNET

Some activities that you can perform when accessing the Internet may be harmful or cause loss to you, other people that may access your Service, or your equipment.
Typical activities include (but are not limited to): (i) downloading content (including receiving emails) from the Internet which may introduce viruses or other harmfulfeatures to your computer, (ii) purchasing goods or services using the Internet, (iii) transmitting confidential information over the Internet (such as your credit card number or other personal information), or (iv) accessing and viewing content on the Internet or otherwise available through the Service that may be offensive to some individuals, or inappropriate for children (for example, it is possible to obtain access to content that is pornographic, offensiveand/or unsuitable for children).

You bear all risk associated with the activities referred to in the preceding paragraph, and we do not have any liability for any claims, losses, actions, damages,suits or proceedings arising out of or otherwise relating to such activities.

You may minimize the risk of accessing illegal or offensive content as well as managing use of the Internet by using a filtering solution. We will provide access to one or more of these filtering solutions at a reasonable cost to you as part of the Service.

CONTENT PUBLISHING

You are solely responsible for any content that you publish via websites, email, newsgroups, online forums or other publishing mediums accessed via the Service.

You must not publish material that is or would be classified as illegal activity as stated in clause 1 via websites, email, newsgroups or other publishing mediums accessible via the Service.

You must take appropriate precautions to prevent minors from accessing or receiving any content you have published that may be inappropriate for them. This includes implementing a restricted access system or content that is or would be classified as illegal activity as stated in clause 1. We also encourage you to use appropriate warnings and/or labelling systems in respect of content which is likely to be considered unsuitable for children.

We reserve the right to block access to, to remove, or to refuse to post any content, in whole or in part, that we, in our sole discretion, deem to be offensive, indecent, or otherwise inappropriate regardless of whether such content or its dissemination is unlawful. This includes (but is not limited to) obscene material, fraudulent or deceptive statements, threatening, intimidating or harassing statements, or material which violates the privacy rights or intellectual property rights of others, or is likely to be defamatory of another person.

We reserve the right to remove certain prohibited or potentially prohibited content from our servers or to prevent users from accessing certain Internet content. We may take any steps necessary in order to ensure compliance with any relevant industry code of practice, or notification or direction from third parties, including removing any content (including part or all of a website) from our servers, blocking access to newsgroups, closing or suspending your account, filtering the Internet content made available to you or restricting access to a particular website. We may take these steps at any time and without notice to you.

We reserve the right that allows copyright owners or their agents to direct us to remove copyright materials from our servers or to prevent users from accessingcopyright materials. We may take any steps necessary in order to ensure compliance with a notification from a copyright owner or their agent, including removing any content (including part or all of a website) from our servers, closing or suspending your internet account, filtering the Internet content made available to you or restricting access to a particular website. We may take these steps at any time and without notice to you.

We are under no obligation to monitor transmissions or published content on the Service. However, we (or our agents) have the right to monitor such transmissions or published content from time to time to ensure that you are complying with the terms of this policy, and to disclose that content as required.

By using the Service to reproduce, publish, display, transmit or distribute content, you warrant that the content complies with this policy and authorizes us (or our agents) to reproduce, publish, display, transmit and distribute such content as necessary for us to deliver the content in a timely manner.

ELECTRONIC MESSAGING AND SPAM

You must not use the Service to spam, send bulk and/or unsolicited messages. For avoidance of doubt, spam means unsolicited commercial electronic messages, or the sending of such messages, that do not include accurate sender information and do not contain an unsubscribe facility, as defined in the NTC Memorandum Circular No. 03-03-2005A as amended by NTC Memorandum Circular No. 04-07-2009, Rules and Regulations on Broadcast Messaging Service.

This includes, but is not limited to commercial advertising, informational announcements, chain letters, and political or religious messages. You must only send such a message to those individuals who have explicitly requested it.

The Service must not be used to: (i) send messages to any individual or entity who has indicated the he/she/it does not wish to receive messages from you, or (ii) collect or redirect responses from unsolicited messages sent from accounts on other Internet hosts or messaging services which violate this policy, or the equivalent policy or any other policy of any other Internet service provider or website. Moreover, unsolicited messages sent from accounts on other Internet hosts or messaging services may not direct the recipient to any website or other resource that uses our network.

You must not: (i) obscure, alter or delete the source of messages that you send or forger message headers, (ii) send numerous copies of the same or substantially similar messages, or send very large messages or files, to a recipient with the intent to disrupt a server or account (for example, ‘mail bombing’), (iii) send chain letters, whether or not the recipient wishes to receive such mailings.

We are not responsible for forwarding or storing messages sent to any account that has been suspended or cancelled. Such messages may be returned to sender, ignored, deleted, or stored temporarily at our sole discretion.

We have responsibilities under the NTC Memorandum Circular No. 03-03-2005A as amended by NTC Memorandum Circular No. 04-07-2009 Rules and Regulations on Broadcast Messaging Service to take steps which attempt to minimize the amount of spam. To assist us with us, we may (i) restrict your ability to forward emails; (ii) limit your access to the Service to a closed user group relevant to your use of the Service;(iii)scan our allocated IP address ranges for misconfigured mail and proxy servers and suspend your Service if you fail to rectify any problem found within a reasonable period.

We may also require you to take actions to comply with, or which assist us to comply with, the NTC Memorandum Circular No. 03-03-2005A as amended by NTC Memorandum Circular No. 04-07-2009 Rules and Regulations on Broadcast Messaging Service.

ONLINE FORUMS

In addition to the previous clauses, this clause applies to online forums.

Messages posted to an online forum must comply with the written charters for that forum. You are responsible for determining the policies of a given forum before posting a message to it. Data files may only be posted to online forums that specifically permit this.

Posting or cross-posting the same or substantially similar messages to more than eight online forums is prohibited.

You must not disrupt or attempt to disrupt online forums by posting a large number of messages that contain no substantive content. Disruption occurs when normal discussion in the group is significantly hindered.

You must not use the Service to connect to an online forum from which you have been previously banned.

RESALE OR BUNDLING OF SERVICE

You agree not to resell, redistribute the Service or any portion thereof to any party, whether temporary or permanent, for value, occupy, use, and/or gain access to the Service without our written consent.

You further agree that you will not use the Service as part of another telecommunication service or as a medium of promotion, publicity for any campaign for whatever purpose, of whatever nature, by whatever name called which is likely to generate a change in the usage of the services inexcess of your daily usage of the service, and/or likely to cause congestion in our network.

VIOLATION OF ACCEPTABLE USE POLICY

If you, or someone with access to the Service, use the Service in a way that we reasonably believe violates this policy, we may take any responsive action we deem appropriate.

Such actions may include (but are not limited to) temporary or permanent removal of content and content publishing capabilities, filtering of Internet transmissions and the immediate suspension or cancellation of all or any.

We may take any other legal or technical action we deem appropriate, including taking action against offenders to recover the costs and expenses of identifying them. If your use of the Service causes a loss to third parties and we are required to pay compensation, we may require you to reimburse us.

We are not obligated to regularly monitor your usage of the Service (including any content posted, disseminated or accessed by you); however we reserve the right to monitor your use of the Service to identify violations of this policy, and to protect our network, the other users of this Service, and other Internet users.

We reserve the right to investigate any use of the Service that we reasonably suspect violates this policy, including the gathering of information from the users involved and the complaining party, if any, and examination of transmissions and material on our servers and network. During an investigation, we may suspend the internet accounts involved, interrupt transmissions and/or remove material that we reasonably believe potentially violates this policy.

In order to enforce this policy, you authorize us (or our agents) to cooperate with the law enforcement authorities in the investigation of suspected criminal violations and system administrators at other Internet service providers or other network or computing facilities. Such cooperation may include us providing, for example, the username, IP address or other identifying information about a user.

Upon cancellation of your internet account, we are authorized to delete any files, programs, data and email messages associated with your account. Your use of the Service is subject to the following rules and guidelines contained inthis policy. This policy is designed to ensure that your use of the Service does not break any laws, hinder the efficient operation of our network, and interfere with the rights of our subscribers and other internet users.

You are responsible for ensuring that use of the Service and your internet account (if any) complies with this policy. You are also responsible for any use of the Service even if it was used with or without your consent, by any person who gains access to theService or your internet account (if any).

If you become aware of any violations of this policy by other subscribers, you should contact us.

Privacy Policy

  1. Privacy Policy
    To create a wonderful world for our customers, partners, community, and the nation, as a whole, Globe Telecom, Inc. ("Globe" or "We") puts you, our customers, first. Because we care for you, we regard your privacy with utmost importance.

    This Privacy Policy outlines our policy in relation to the collection, use, and protection of your Customer Data to provide you with a wonderful customer experience. From time to time, we may update our Privacy Policy to reflect current changes in our policy and the law. When we do so, we will notify you by posting it on our website for your information and reference.
    By continuing to use Globe products and services, you signify that you have read, understood, and consented to the collection and use of your Customer Data, particularly your Personal Information, in accordance with this Privacy Policy.
  2. Collection of Customer Data
    As part of our continuing relationship with you, we collect your Customer Data, as may be applicable. Customer Data are either Personal Information or Non-Personal Information:
    1. Personal Information is any information from which the identity of an individual can be reasonably and directly ascertained, or when put together with other information would directly and certainly identify an individual, such as name, gender, date of birth, address, telephone/mobile number, email address, proof of identification, etc. It also includes information about:
      1. the services provided to you, such as, call/SMS details, location information, and certain information about your rate plans and features, as required by law;
      2. the location of your device whenever it is switched on, if you subscribe to location-based services, subject to coverage limitations; and
      3. your use of our network, network performance experience, diagnostics, such as, signal strength, dropped calls, data failures, and other network performance issues to help us improve our network and quality of products and services, determine tailored content, and for other legitimate business purposes.
    2. Non-Personal Information is any information that does not identify you individually, and includes statistical and analytical data, and anonymous and aggregate reports.

      We may also request you to update your Personal Information from time to time. Should you be unable to supply us with the required Personal Information, we may be unable to provide you with your requested products and services, updates on Globe latest offerings, and you may be unable to participate in our events, promotions or other activities.

      When you use our website and electronically communicate with us, depending on your settings, we may use cookies, web beacons, small data text files or similar technologies to identify your device and record your preferences, with your consent.
  3. Use of Customer Data
    Without limiting the generality of the foregoing, we use Customer Data to, among others:
    1. Provide you with your subscribed products and services, including customer support;
    2. Enhance your customer experience and determine tailored content to meet your preferences and needs;
    3. Communicate relevant services and/or advisories to you;
    4. Abide by any safety, security, public service or legal requirements and processes; and
    5. Process information for statistical, analytical, and research purposes.
    We use your Personal Information to the extent necessary to comply with the requirements of the law and legal process, such as a court order; to comply with a legal obligation; or to prevent imminent harm to public security, safety or order.

    We use your Non-Personal Information for statistical, analytical, and research purposes to create anonymous and aggregate reports.

    When required by our Privacy Policy and the law and before we use or process your Customer Data for any other purpose, we will ask for your consent.

    You may avail of our broadcast messages relevant to you through written correspondence, text messaging, internet, or other similar means of communication. You may also change your mind anytime and stop receiving them.

    We outsource or contract the processing of Customer Data to third parties, such as but not limited to, vendors, service providers, partners or other telecommunications operators, to fulfill any of the above purposes. They are only authorized to use Customer Data for such contracted purposes. They may have access to Customer Data for a limited time under reasonable contractual and technical safeguards to limit their use of such information. We require them to protect Customer Data consistent with our Privacy Policy.
  4. Protection of Customer Data
    We respect your privacy. We take paramount care in protecting your Customer Data. As such, we secure and protect your Customer Data with proper safeguards to ensure confidentiality and privacy; prevent loss, theft, or use for unauthorized purposes; and comply with the requirements of the law.

    As communications over the internet may not be secure, we make reasonable and appropriate security arrangements and measures that use a variety of physical, electronic, and procedural safeguards to protect Customer Data. For example, we protect and keep your information submitted through our website safe using a secured server behind a firewall, encryption, and other appropriate security controls. When you enter your information through our website, we encrypt that information using Secure Sockets Layer technology (SSL) so that it cannot be read as the information travels over the internet. We regularly review our information collection, storage, and processing practices, including physical security measures, to guard against unauthorized access to our system and unauthorized alteration, disclosure, or destruction of information we hold.

    We only permit your Customer Data to be accessed or processed by our authorized personnel who hold such information under strict confidentiality. We restrict access to information to Globe employees, contractors, and agents who need to know such information in order to process it for us, who are subject to strict contractual and technical safeguards and are accountable if they fail to meet these obligations.

    Furthermore, we only give you or your authorized representative access to your Personal Information. We do not sell your Personal Information to anyone for any purpose. We also do not use nor share your Personal Information with content and/or information providers without your prior request or consent. Personal Information will only be disclosed to third parties in accordance with this Privacy Policy.

    We keep our records as accurate as possible. If your Personal Information is wrong, we give you ways to update it. Once you have registered as our customer, you may access your account details and correct your Personal Information by contacting Globe Customer Care (+632 7301000 or 211 using your mobile phone) or your relationship manager, as may be applicable; or by visiting any Globe Store or our website at www.globe.com.ph.

    We keep your Personal Information in our business records, as may be applicable, while you are a customer, or as long as it is necessary to fulfill the purpose for which it was collected, or while it is needed by us for business, tax, or legal purposes. When disposing of your Personal Information, we take reasonable measures to ensure that it is done properly and is not accessible to the public.

    We are not responsible for information, content, application, product or service that we do not provide. But because we care for you and protect you, we take measures to fight spam, fraud or any unauthorized messages that traverse our network. Photo or video voyeurism, including the publication or broadcast or transmission through our network of any sexual act or any similar activity without the consent of the person involved and under circumstances in which the person has a reasonable expectation of privacy, is prohibited and unlawful with corresponding penalties under the law.

    Child pornography is also prohibited and punishable by law and our network shall not be used in any manner for the storage, transmission, or dissemination of materials containing child pornography. We will report any instances of such activity that we become aware of to the proper authorities as required by law.
  5. High-Level Privacy Principles
    In addition, we only want the happiest customers so we commit ourselves to abide by GSM (Groupe Speciale Mobile) Association (GSMA)'s high-level privacy principles based on internationally recognized and accepted principles on privacy and data protection as follows:

    Openness, Transparency, and Notice

    We are open and honest with you and will ensure that you are provided with clear, prominent, and timely information regarding our data privacy practices. We will provide you with information about the collection of your Personal Information, access, sharing, and further use of your Personal Information, enabling you to make informed decisions about whether to use a mobile application or service.

    Purpose and Use

    We will limit the access, collection, sharing, disclosure, and further use of your Personal Information to meeting legitimate business purposes or to otherwise meet legal obligations.

    User Choice and Control

    We will give you opportunities to exercise meaningful choice and control over your Personal Information.

    Data Minimization and Retention

    We will collect, access, and use only the minimum Personal Information necessary to meet legitimate business purposes and to deliver, provision, maintain, or develop applications and services. Personal Information will not be kept for longer than is necessary for those legitimate business purposes or to meet legal obligations, and will subsequently be deleted or rendered anonymous.

    Respect User Rights

    You will be provided with information about, and an easy means to exercise, your rights over the use of your Personal Information.

    Security

    Personal Information will be protected, using reasonable safeguards appropriate to the sensitivity of the information.

    Education

    You will be provided with information about privacy and security issues and ways to manage and protect your privacy.

    Children

    An application or service that is directed at children will ensure that the collection, access, and use of Personal Information is appropriate in all given circumstances and compatible with applicable law.

    Accountability and Enforcement

    All responsible persons will be accountable for ensuring that these principles are met.
  6. Contact Us
    For any questions or concerns, you may contact our Privacy Officer as follows:

    Vice President, Corporate Information Security
    Globe Telecom, Inc.
    The Globe Tower 
    32nd Street corner 7th Avenue,
    Bonifacio Global City, 1643 Taguig City,
    Metro Manila, Philippines
    Mobile: +63 917 818 0026
    Email: ambonifacio@globe.com.ph

    FOR OTHER QUESTIONS OR CONCERNS ABOUT YOUR GLOBE ACCOUNT OR EXPERIENCE:

    Telephone: +632 730 1000 (landline)
    211 (Globe mobile phone)

    Contact form: www.globe.com.ph/talk2globenow

    You may also manage your Globe account at www.globe.com.ph/myaccount

Prepaid Mobile Telecommunications Services
Subscription Agreement

Globe Prepaid Sim Card Terms and Conditions of Use

  1. Globe Telecom's Prepaid Service may be used only if you have all of the following:
    • a valid GSM 900 or multiband cellular mobile phone handset.
    • a valid Globe Prepaid SIM card
    • Prepaid credits (refer to Prepaid User Guide for details on loading airtime value into the user's account) Globe Telecom provides cellular telephone handsets only if purchased as part of a Globe Prepaid phonekit. Handsets are not provided separately from subscriptions or purchases of service. Handsets purchased as part of a Globe Prepaid Phonekit are not replaceable nor is the purchase price refundable in the event of loss or damage.
  2. The Prepaid Service cannot be used on a handset which (a) has been blacklisted by Globe Telecom due to its reported theft, loss, non-payment or other reasons; or (b) has been SIM-Locked for use only with the system of a GSM-CMTS operator other than Globe Telecom. Globe Telecom's records shall prevail in the event of any dispute on the eligibility of particular handset for use with Prepaid Service. Globe Telecom reserves the right to SIM-Lock handsets purchased as part of a Prepaid Phonekit for use only with its own services.
  3. The Prepaid Service requires the purchase of a Globe Prepaid SIM Card. This SIM Card enables the use of a valid GSM 900 or multiband cellular mobile phone handset for Globe's Prepaid Service. The Globe Prepaid SIM card that comes together with a Globe Prepaid SIM Card that comes together with a Globe Prepaid SIM Pack or Globe Prepaid Phonekit contains an initial value. Once this value is exhausted, continued use of the service requires the purchase of Globe Prepaid Call & Text card or loading of value through electronic channels. This card denotes the airtime value to be loaded into your prepaid account. A Globe Prepaid Call & Text card cannot be used with regular SIM cards acquired under Globe Telecom's regular postpaid subscriptions.
  4. Your Globe Prepaid SIM card will expire within two (2) months from first use and any remaining/unconsumed balance will be forfeited. To continue availing of the Prepaid service, you need to reload your Prepaid account within four (4) months from date of expiry. If you do not reload during the four month period from date of expiry, your Globe Prepaid SIM card will be terminated.Terminated Globe Prepaid SIM cards will not be reactivated and mobile phone numbers assigned to such cards cannot be reacquired. You must purchase a new Globe Prepaid SIM Pack to avail of the Prepaid Service. Globe Prepaid SIM Cards and or Globe Prepaid Call & Text cards are not redeemable nor refundable for cash.
  5. All outgoing calls will be subject to Globe Telecom's Prepaid tariff rates prevailing as of the time the calls are made, plus applicable toll charges and taxes. International calls shall be charged at the exchange rate prevailing at the time that such calls are made. Globe Telecom reserves the right to change tariff rates without prior notice. Any change in rates shall be effective on the date of effectivity of the Order of the National Telecommunications Commission (NTC) approving the same.
  6. It is your responsibility to secure, safekeep, and store your cellular telephone handset, SIM card, and Call & Text card, and ensure the security of your PIN and PUK codes. All outgoing calls made through the use of the SIM card shall be automatically deducted from your prepaid account and Globe will not entertain any claims for rebates or refunds due to use by unauthorized persons. You acknowledge and agree that it is inherent in the nature of the prepaid service that Globe Telecom cannot and will not give call details or itemized billing for calls made through the use of any Globe Prepaid SIM card. NOTE: Your PIN (Personal Identification Number) / PUK (PIN Unblocking Key) letter contains your SIM's confidential codes (PIN 1, PIN 2, PUK 1 and PUK 2). Keep this safe. The codes protect you from unauthorized usage of your phone.
  7. The Globe Prepaid SIM Card and Globe Prepaid Call & Text card are non-refundable and non-replaceable in the event of loss, theft, or damage due to your misuse, mishandling, or neglect. Claims of defects in the Globe Prepaid SIM card or Globe Prepaid Call & Text card shall be entertained if brought to Globe Telecom's attention within seven (7) days from date of purchase and only if there has been no prior usage of the cards.
  8. You shall not use the Prepaid Service, handset, SIM card, or Call & Text card for any unlawful, fraudulent, elicit or abusive purpose. Globe Telecom reserves the right to terminate service of any subscriber who shall exhibit abusive usage as determined by the sole discretion of Globe Telecom.
  9. Globe Telecom will not be liable for any direct, indirect, consequential or other damages resulting from any failure in the Prepaid Service or for any loss, damage, theft, or misuse of the Globe Prepaid SIM card, Call & Text card or any handset used as part of the Prepaid Service.
  10. Globe Telecom reserves the right to amend these terms and conditions at any time, with or without prior notice. Rates may change subject to the approval of the NTC.

Read more: http://www.affordablecebu.com/load/mobile_phones/globe_prepaid_sim_card_terms_and_conditions_of_use/1-1-0-12576#ixzz3t3VbJNBx

General Statement

  1. "MyRewardsMyGlobe" ("Program") is a loyalty program of Globe to grant rewards, discounts, and privileges to its subscribers in accordance to Globe's criteria for membership.
  2. Membership in the Program is free of charge and is a privilege granted by Globe. Globe reserves the right to deny, suspend or terminate Membership in the Program for unauthorized, improper, or illegal use of the discounts and privileges under the Program and/or its Products and Services, or in case of breach by a subscriber of his/her obligations in connection with the use of the Products or availment of the Services at its discretion at any given time without any liability.
  3. All active Globe Prepaid subscribers (i.e., SIM still has signal) are qualified to join the Program except Corporate and SME subscribers.
  4. Qualified subscribers are automatically enrolled to the Program. No registration or application is required.

Program Membership Activation

  1. For existing mobile subscribers upon Program launch, a text message shall be sent to the subscribers welcoming them to the Program. Their mobile number will serve as their unique Membership ID. For new subscribers, their membership shall be activated on their first reload transaction.
  2. Subscribers have the option to activate a personal identification number (PIN) to ensure security of the following transactions:
    (1) rewards redemption and (2) transfer of points.
    • Subscribers may activate the PIN by texting PIN ON to 4438.
  3. In cases of SIM replacement via the Globe stores, points earned may be carried over to the new SIM as long as the mobile number is retained.
  4. Subscribers need to maintain a minimum load balance of P1.00 in order to send messages or transact with 4438. Furthermore, the subscribers will be charged P1.00 every time they do the transactions stated below:
    • Points Balance Inquiry: Sending BAL to 4438
    • Rewards Redemption: Sending REDEEM ITEM CODE to 4438
    • Points Sharing: Sending SHARE 10DIGIT MOBILE NUMBER POINTS to 4438

Program Membership Deactivation

If a subscriber's SIM has no signal, his/her membership to the Program shall automatically be deactivated by Globe. If a subscriber's SIM has no signal, his/her membership to the Program shall automatically be deactivated by Globe.

Disabling 4438 Transactions

  1. A Subscriber may choose to stop all 4438 text transactions by texting STOP to 4438.
  2. If a subscriber decides to redeem, check balance, transfer points, and request to receive all 4438 text notifications after he/she has disabled 4438 transactions, he/she is required to text YES to 4438.

Expiration of Points

Unredeemed points by end year will be expired March 31 of the succeeding year. This will give subscribers until March 30 of the succeeding year to redeem unused points to avoid forfeiture. Unredeemed points by end year will be expired March 31 of the succeeding year. This will give subscribers until March 30 of the succeeding year to redeem unused points to avoid forfeiture.

Transfer of Points

  1. Active Globe Prepaid subscribers can transfer points to another active Globe Prepaid/Postpaid/TM mobile number.
  2. A subscriber can share a minimum of 1 point.
    • To transfer: Text SHARE 10-digit mobile number of your friend no. of points to 4438. P1/transaction will be charged to the sender.
  3. A subscriber can transfer points for a maximum of five (5) times a day at P1.00 per transaction.

Information on Points Balance

  1. A balance notification message from 4438 containing the current points balance of the mobile number will be received by Globe Prepaid subscribers within 7 days from the date of the reload transaction.
  2. Prepaid subscribers may also inquire about their available points for redemption via texting BAL to 4438 at P1.00 per transaction.
  3. Subscribers on roaming will not be able to receive points balance. A subscriber may contact the Globe Roaming Hotline by dialing 2199 using his/her Globe mobile phone for information needed.

Rewards Redemption Using Points

  1. Points may be used to redeem rewards anytime as long as subscriber's points are sufficient for the points required for the chosen reward.
  2. To redeem: Text REDEEM ITEM CODE PIN (if PIN is applicable) to 4438 at P1.00 per transaction.
  3. Globe Prepaid subscribers can only redeem via text.
  4. Subscribers can choose to redeem items featured in the official rewards catalog. Catalog can be downloaded by texting ITEMS to 4438.
  5. Rewards items and required points to redeem a reward may change without prior notice.
  6. Globe reserves the right to deny granting of rewards to subscribers in cases such as but not limited to sending invalid keyword, sending the wrong information, wrong PIN (if applicable), choosing a product that's not part of the rewards list, unregistered mobile number, disqualified mobile number, insufficient points.
  7. REDEMPTION OF GLOBE PRODUCTS and SERVICES
    If the subscriber is currently registered to a Globe product or service that subscriber chooses to redeem under this program, the chosen product/service will not be given as a reward and points will not be deducted. The subscriber will receive an SMS notification from Globe informing them that his/her transaction failed.
  8. REDEMPTION OF OTHER REWARDS (GADGETS, GCs, TRAVEL, PASSES)
    • To facilitate delivery of reward items, contact information will be asked from subscribers via text.
    • To submit information: Text REG LAST NAME/FIRST NAME/ADDRESS/BIRTHDAY (MMDDYYYY) to 4438.
    • Delivery of reward is FREE of charge.
    • Subscriber will be required to show his/her valid I.D. (e.g., passport, SSS, driver's license, TIN I.D.) and sign the delivery receipt as proof that he/she received the reward item being redeemed. Globe has the right to hold the delivery of the product if subscriber refuses to present the said requirements.
    • In case that the subscriber is not around during the delivery of the reward item, the subscriber can appoint an authorized person toreceive the reward item. Authorized representative shall be required to show:
      • Authorization letter signed by the subscriber
      • Subscriber's valid I.D.
      • Authorized representative's valid I.D. Globe has the right to hold delivery of the reward item if the authorized representative fails to present abovementioned requirements.
    • Used points related to rewards delivery failure stated below shall not be credited back to the subscriber.
      • Registering wrong/incomplete address
      • No subscriber and/or authorized representative is available to receive the reward after 3 attempts of Globe to deliver the product within 60 days
    • Globe shall only facilitate the subscriber's reward delivery. Globe shall not be liable or responsible for the condition of the reward or redeemed item. Globe does not provide any warranty on the product or service redeemed, except when such product or service is a Product or Service of Globe. The only warranties on the products or service redeemed are those given by their respective stores or manufacturers thereof, and may only be claimed against such stores or manufacturers.

http://republikatm.ph/reward/terms-and-conditions

 

Globe-Innove Broadband and Landline Services Subscription
Agreement

Terms and Conditions

This Agreement governs the terms and conditions of provision of fixed line telephone and/or internet service and/or Value Added Services (the Services) to the Company. This Agreement embodies all the agreements and representations. INNOVE COMMUNICATIONS, INC. (“Innove” a wholly-owned subsidiary of Globe Telecom, Inc.) reserves the right to adjust, modify or amend these terms and conditions as the needs of the Services may require, with due notice to Company.

  1. 1) Term of Agreement – this Agreement shall be effective for the agreed Minimum Subscription Period (“MSP”) stated in the application form from activation date unless otherwise stated in the promo offer. Upon the lapse of the MSP, this Agreement shall be deemed automatically renewed and shall continue on a month-to-month basis until terminated by notice in accordance with the provisions of this Agreement.
  2. 2) Coverage Agreement – This Agreement shall cover Services as described in the application form. In case of special promotions, a separate document setting forth the terms and conditions of such special promotion may supersede or supplement this Agreement.
  3. 3) Application for Service
    1. Innove shall process Company’s application for Services only if he signs the application form and attaches all of the required documents for credit evaluation.
    2. Approval of applications shall be at Innove’s sole discretion. Innove reserves the right to disapprove any application based on the required documents submitted. Innove shall not be required to give any reason for disapproving any application. Company acknowledges that he has no action for the disapproval of his application.
  4. 4) Installation/Activation
    1. Prior to the installation of service, the applicant shall pay the installation and connection charges itemized in the application form provided by Innove to the Company.
    2. Line and service activation shall take place on a specific date determined by Innove after the installation shall have been completed and tested.
  5. 5) Rates and Charges; Deposit
    1. Monthly Rates – Innove shall charge the Company for his usage of the Services in accordance with the rates approved by the National Telecommunications Commission (NTC) and as indicated in the application form. Billing shall commence upon activation of the Service. In the event of any adjustment in rates, Innove shall charge the Company the adjusted rate upon the effectivity of the order of the NTC approving the same.
    2. Deposits – Please refer to the respective Service Order of the subscribed Service.
  6. 6) Billing and Payments
    1. Due Dates – Company shall promptly pay all charges, fees, costs, rentals or such other sums due as reflected in the official bill of Innove on or before the due date specified therein without need of any demand.
    2. Place of Payment
      1. All payments of bills which are not overdue shall be made to Innove at its Globe Broadband Payments and Services Centers or through such other agents as shall be authorized by Innove. Innove shall not be bound to honor payments made to persons or entities or at places not authorized by Innove.
      2. Settlement of bills which are overdue shall be made only at Globe Broadband Payments and Service Center in full and under such terms and conditions as Innove may impose. Innove’s legal right and cause of action related to the collection of the entirety of such sums, penalties and other damages which the delayed payment shall have caused shall not be affected by payment, whether in full or in part, of the bill.
      3. Innove shall send billing statements to Company’s billing address as indicated in the application form. The Company shall inform Innove in advance and in writing of any change in the Company’s billing address. Innove shall not be responsible for the consequences of the Company’s inability to receive bills and make payments resulting from the Company’s failure to timely notify Innove of any change in address.
    3. Penalty Interest. In the event of failure by the Company to pay on or before the due date specified in the billing invoice, legal rate of interest shall be imposed on all overdue amounts, without prejudice to Innove’s right to pursue any other legal action which Innove may deem necessary to protect its interest.
    4. Application of Payment. All payments shall be applied first to the penalty interest, then billings in arrears and the balance if any, to the current obligation. Any excess epayment in respect of one billing may be used by Innove to offset outstanding charges, fees, costs, rentals or any other sum due in another bill of the Company or credit it to the next month’s bill.
    5. All complaints or questions on billings shall be made by way of a written complaint and duly filed by Company or its authorized representative at the Globe Broadband Payments and Service Center. Such complaints shall be filed within ten (10) days from receipt of the questioned billings; otherwise, the billing shall be deemed accepted, final and conclusive against the Company.
    6. Innove reserves the right to suspend or disconnect the Services after notice is given to the Company should the latter fail to pay all sums that are due Innove under this Agreement. Reconnection shall be at the sole discretion of Innove and shall be subject to such terms and conditions as may be imposed by Innove, including the payment of reconnection fee.
  7. 7) Credit Limit
    1. The Company shall be assigned a credit limit, which limit shall include a limit on usage for both domestic and international telephone service usage and/or internet package and/or Value Added Services when applicable. Innove may render an interim billing even before the billing cycle, in the event the Company exceeds its credit limit. Should the Company fail to make payment within forty-eight (48) hours from receipt of the interim bill, or should Innove be unable to serve the interim bill on the Company because the Company is unreachable at the billing address which the Company has last registered with Innove, then Innove may re-direct the Services until payment is made by the Company and his available credit limit is restored.
    2. Innove reserves the right to refuse any request for increase in the credit limit or to require as a condition for increased credit limit, additional deposit or revised billing cycle.
  8. 8) Services Modifications and Adjustments 
    Innove shall charge the applicable administrative fees to cover internal processing of requests for Service Modifications initiated and requested by Company, including but not limited to, transfer of ownership, change of telephone number, increase/reduction/modification of the Services, reconnection, and other modifications related to the Services. Innove shall inform the Company of the applicable administrative fees prior to executing the service Modification.
  9. 9) Special Facilities and Installations; Alterations to Existing Services
    1. In the event of additional wiring, cabling and trunking where the nature of Service to be provided to the Company requires the installation of wiring, conduits, cabling or other service equipment not ordinarily provided to single-line residential subscribers, or where the premises in which the Company is located wishes to locate his telephone requires cabling, wiring or other services not provided in the standard installation package of Innove, Innove’s staff and/or authorized agents shall decide on the route of wiring and cabling in the Company’s premises, and Innove shall not be obliged to utilize trunking or conduits provided by the Company. Innove and the Company shall agree on the shouldering of the cost for such additional installation as a pre-requisite to the commencement of installation.
    2. In the provision of PABX and other electronic telephone traffic handling facilities, or other equipments related to the telephone services which are dependent on an external power supply. Innove may, if it deems the same necessary request the Company to provide at his own expense the main power supply for the equipment connected to the telephone line in accordance with Innove’s requirements.
    3. If in the opinion of Innove the Company’s existing are inadequate to cope with this telephone traffic and/or likely to cause congestion in Innove’s telephone network. Innove shall advise and the Company shall promptly comply with such advice to upgrade the existing facilities to cope with such telephone traffic, at the Company’s own expense.
    4. Innove reserves the right to decline to provide the Services when installation and/or maintenance difficulties are anticipated without the provision of special facilities or power supply until such time that the Company provides the cabling (such as conduit, pipe, etc.) requested by Innove or Innove is able to provide the same and the Company and Innove shall have agreed on an arrangement for shouldering the costs thereof.
    5. Innove may, with prior written notice to the Company and without charging the Company any fees, make any alteration to its Services, if Innove considers such as necessary and desirable in the interest of public service. Innove shall not be liable for any loss or inconvenience to the Company resulting there from. Similarly, Innove shall not be liable for any damage, whether direct or indirect, actual or consequential, or otherwise, for any interruption or failure in service due to causes beyond the control of Innove. Innove shall not be liable to the Company or to any third party claiming from or through the Company for any damage, loss or injury, to persons or properties however arising occasioned by the equipment or any part thereof.
    6. Innove reserves the right to terminate the Service at premises which are unauthorized and unsafe.
  10. 10) Customer Premises Equipment and Internal Wiring
    1. The Company shall provide his own internal facilities such as wiring and sockets within the premises according to Innove’s specifications and guidelines based on NTC’s Code of Practice. The Company may request Innove or any of the NTC’s registered contractors/individual installer to provide the internal wiring and sockets at the Company’s expense.
    2. Only type-approved telephone and/or internet equipment shall be permitted for connection to Innove’s network. The Company shall ensure that Innove’s prior written permission is obtained before connection of other type-approved equipment to Innove’s network. Type- approved telephones and/or internet equipment refer to those equipment supplied by the holder of Innove’s Type Approval Certificate or his appointed agent(s).
    3. The Company shall ensure that the equipment is installed, maintained and operated in a proper manner so that no interference is cause to Innove’s service and network and the safety of Innove’s staff or authorized agents and the public are not endangered. Innove shall not be responsible for ensuring the compatibility of other equipment that Company may decide to connect to Innove’s provided equipment.
    4. The Company shall not make any adjustments, modifications or alterations to the equipment including the incorporation of any equipment accessory without prior written approval of Innove and if, in the opinion of Innove, alterations or additions to the equipment are deemed necessary, Innove shall direct and the Company shall at its own expense carry out such alterations, modifications or additions.
    5. The Company shall strictly comply with and ensure compliance with all instructions/notices given by Innove or NTC from time to time regarding the use and installation of the equipment. The Company shall undertake to promptly disconnect the Company owned equipment and wiring not provided by Innove from the telephone network if requested by Innove to do so at any time.
    6. Innove may charge the Company for the cost of responding to a maintenance request at the Company’s premises if it is ascertained that the cause of the problem is attributable to the Company’s equipment and internal wiring.
    7. The Company is responsible in keeping the telephone and/or modem equipment in good condition, fair wear and expected. The Company shall exercise all due diligence to maintain the telephone and modem units and other equipment, if any, provided by Innove or its authorized agents, including cleanliness and protection of the same from pests, insects and rodents. Company shall promptly report to Innove any damage or malfunction of any telephone and/or modem unit or other equipment, if any. Company shall not attempt to make any repairs on any telephone and/or modem or any of the equipment provide by Innove. Innove shall not be responsible for any damage to the telephone and/or modem units, or for the voiding of warranties on repair in the case of units acquired by the Company through outright purchase, which may be caused by Company’s own attempt at repairing or causing the repair of such damage to wiring or sockets by persons unauthorized by Innove.
    8. Innove shall not be liable for any delay or interruption in or failure to provide or restore the Services caused by or attributable to Company’s equipment and facilities or any service provided by another person or entity.
  11. 11) Telephone Numbers
    Telephone numbers are randomly assigned by Innove in accordance with the numbering plan assigned by the NTC and the Company has no property right to the telephone number assigned to him. Innove reserves the right to alter and/or allocate any telephone number of, or to the Company at any time without being liable for any loss or inconvenience attributable to the change/ allocation of the telephone number whatever may be the cause for the change/ allocation.
  12. 12) Assignment or Transfer of Ownership or Rights:
    Transfer of Location of Telephone and/or Internet Service
    1. Company shall not, without Innove’s prior written consent and the filling up of appropriate service modification request with Innove, assign this Agreement or any right, interest or benefit herein, transfer or cause the transfer of the location of the telephone and/or modem, sub-lease the premises in which the telephone and/or modem is located, mortgage or hypothecate the telephone and/or modem or allow any person to share in the use and benefits of the Services or of this Agreement, whether for consideration or not.
    2. In the event Innove discovers that Company has caused any of the foregoing without Innove’s prior written consent, Innove reserves the right to immediately terminate the Services without any obligation whatsoever to provide service to the transferee or mortgagee, or honor any agreement between the transferor and the transferee, or to impose such terms and conditions as it may deem fit, including the terms and conditions of this Agreement, for the reconnection or continuation of the Services to the transferee.
    3. Company shall continue to be liable for all charges for the use of the Services until he has personally notified Innove and Innove has approved such transfer or alternative arrangement. Company shall indemnify Innove for all sums for which it may be liable arising from its refusal to render service to the authorized transferee.
    4. Furthermore, in the event Innove opts not to execute a new agreement with the transferee, Company shall indemnify Innove against all expenses incurred in respect of removing any wires or posts used solely for the Services.
  13. 13) Responsibility of Company
    1. Ensure that the telephone service shall not be used at any time to make calls which may cause or may cause irritation, annoyance, embarrassment, harassment, vexation or nuisance of any kind whatsoever to others;
    2. Use all telephone and/or modem equipment and instruments installed by Innove on the Company’s premises in a proper manner;
    3. Obtain the written approval of Innove whenever he contemplates using the telephone Services as part of another telecommunications service, or as medium for promotion, publicity for any campaign for whatever purpose, of whatever nature, by whatever name called which is likely to generate a change in the telephone traffic in excess of his normal daily usage of the service, and/or likely to cause congestion in Innove’s telephone network;
    4. Keep equipment provided by Innove, if any, in good condition (fair wear and tear only excepted) and be fully responsible for any loss or damage to Innove’s equipment in his premises whether the same be caused by fire, theft, vandalism, accident, fault or negligence by the Company or other persons or otherwise. The cost of the repair rendered necessary thereby or the cost of replacement of lost equipment shall be paid for by the Company.
    5. Promptly report to Innove any problem with or damage to his fixed access unit, telephone and/or modem or telephone and/or internet line and any circumstance or any act of other persons which may or which the Company has reason to believe will cause damage to the telephone and/or internet lines or other instruments or equipment of Innove;
    6. Permit Innove’s staff and/or authorized agents at all reasonable times to enter its premises and every other place under its control through or over which any part of the equipment, or wire accessories pass or to which any part of the equipment, or wire or accessories is/are fixed for the purpose of inspecting, testing, examining, or altering Innove’s equipment and/or ability to deliver the Services;
    7. Ensure that it shall not allow the telephone, telephone line and/or modem to be tapped, operated through a remote station, or messages transmitted therein to be in violation of existing law except by an answering machine which duly notifies the caller of the fact that the message is recorded.
    8. Company shall not cause or allow the extension of such telephone lines except with the prior written consent of Innove, not allow Innove’s telephone lines to be connected to a PABX without prior consultation with and written approval of Innove;
    9. Exercise full control and responsibility for the use of and for all telephone calls originating from the telephone unit and number assigned to the Company. Company therefore agrees and acknowledges that all telephone calls made from the unit and number assigned to him shall, absent concrete proof produce by the Company of any specific fraud perpetrated by Innove on his telephone unit or line, be conclusively presumed to be his or authorized by him and his accountability and obligation to Innove;
    10. Company shall obey all applicable laws relating to the Services and shall;
      1. abide by generally accepted standards of conducts and usage of Services;
      2. not engage in any other activity that threatens the integrity of any network system;
      3. ensure that his use of the Services does not improperly restrict, inhibit, or degrade any other Subscriber’s use of the Services nor represent an unusually large burden on the network itself as determined by Innove upon its sole discretion or does not improperly restrict, inhibit, disrupt, degrade or impede Innove’s ability to deliver and monitor the service, backbone, network nodes and/or other services;
      4. not provide Internet access to other third party through dial-up connection, host shell account over the Internet, provide e-mail or news service, or send a news feed;
      5. not engage in any activity that may constitute transmission of voice or telephone calls using Voice Over Internet Protocol (VOIP).
      6. For either user
        • Single User – Company shall also obtain Innove’s prior written consent whenever he foresees possible expansion of subscribed network or when the circumstances warrants an update to a multi-user,
        • Multiple User – whenever Company foresees any possibility of expansion outside the defined and delineated multi-user covered premises. Company shall likewise obtain Innove’s written consent for any possible upgrade.
        • Company shall provide true, correct and complete information as may be required by Innove.
  14. 14) Representations and Warranties
    1. Innove shall endeavor to provide the Services reasonably in accordance with industry standards.
    2. Innove does not warrant that the Services shall be interruption or error-free. The use of the Services, any information available and/or accessed to the Services and any security features provided for the Services shall be at Company’s sole risk. Innove disclaims all warranties, either expressed or implied, including, without limitation, any warranties of merchantability or fitness for a particular purpose, or non-infringement.
    3. Innove is not responsible for loss of data. The Services are not intended to be the sole back-up location for any data. Company is responsible for backing up his own data files to a location other than the Service. Company agrees that his Service comes with no warranty and is on an “AS IS” and “AS AVAILABLE” basis only. Company assumes all the risks associated with accepting the Services.
    4. Company represents and warrants that he has not represented to any third party that Innove has made any warranty or representation of any kind with respect to the Services.
  15. 15) Indemnification/Limitation of Liability
    1. Company shall defend and hold Innove free and harmless from and against all claims, demands, actions, cause of action, judgment, cost and reasonable attorney’s fee and expenses of any nature for any damage of any kind arising from or related to any use of the Services whether such use was by Company or any party irrespective of whether Company has authorized or has known about such usage, or arising from any breach by Company of the terms and conditions of this Agreement, or otherwise arising under or related to this Agreement.
    2. In no event shall Innove be liable for any unauthorized access by a third party to Company’s network or data resulting to Company’s loss of profits or data or any incidental, special, exemplary or consequential damage.
    3. Company acknowledges that the Services may be deactivated, suspended, disconnected, or interrupted due to various reasons or causes beyond Innove’s control including but not limited to force majeure or acts of Gods, power and equipment failure or acts of omissions on the part of a third party. Accordingly, Innove shall not be liable for any claim, liability, or damage whether direct, indirect, consequential or special, including but not limited to loss of opportunity, anticipated profits or other economic gains.
    4. Company shall be fully responsible for all claims and suits for damages to property or any injury or death to any person or persons resulting from the operation or malfunctioning of the equipment, his power supply or any other cause whatsoever, or failure or delay of Innove’s system caused by such Company-supplied equipment, or for failure in establishing connection between the Company and other party or parties whatsoever because of such equipment.
    5. Innove’s maximum liability for any damage arising out of or in any way related to this Agreement shall be limited to an amount equivalent the monthly service fee.
  16. 16) Termination
    1. By the Company – The Company may terminate this Agreement by filling-up at Globe Broadband Payments and Service Centers a written notice of termination at least one (1) calendar week prior to the intended effectivity of such termination. However, if the Company chooses to terminate or cancel the Services before the expiration of the MPS, Company will be subject to Clause 7 of the application form.
    2. By Innove – Innove reserves the right to terminate this Agreement and disconnect Service to the Company, without liability whatsoever to said Company, if;
      1. The charges, fees, costs, rentals, or any other moneys payable under this Agreement or any other agreement, including any agreement between the Company and another party whereby Innove derives pecuniary or other benefit and/or acts as billing and/or collecting agent for such other party, are not paid;
      2. The Company has otherwise breached any of the terms herein contained or performs acts otherwise prejudicial to Innove;
      3. The Company fails to make deposits when required;
      4. The Company shall be adjudged bankrupt, insolvent, or be subject to a petition for suspension of payments or receivership, or if he makes any composition or arrangements for the benefits of his creditors
      5. The Company has provided any particular or information which is incorrect, false or incomplete;
      6. The Company resells or uses the Services in violation of the existing laws or for an illegal purpose or the Company uses the Services to conduct service such as international simple resale (ISR), unauthorized audiotex or as part of a ringback, dialback or similar operation, or avails of ringback, dialback or similar services utilizing the telephone issued by Innove, no matter how short, be it temporary or permanent, whether or not for value.
      7. Any law enforcement body objects to the provision of telephone and/or internet service to the Company or an enforcement body advises Innove that the telephone and/or internet service provided by Innove to the Company has been or is being used in violation of the law, or that it has reasonable ground to believe that such telephone and/or internet service will be used in violation of the law;
      8. The Company is engaged in any act which defrauds or tends to defraud Innove, whether the same is punishable under law or not.
  17. 17) Company’s Liability on Termination
    1. Company shall from the date the notice of termination of this Agreement is given, be responsible for the safe custody of all properties of Innove until such time that they are collected by Innove’s staff or authorized agents or surrendered by Company to Innove’s staff or authorized agents. Company shall allow Innove’s staff and authorized agents to enter his premises where the equipment is installed and to remove said Innove properties.
  18. 18) BYPASS
    1. Company shall use the Innove facilities and/or Innove services provided only for the purposes herein stated and shall not use the same to conduct any service such as callback, unauthorized audiotex, international simple resale (ISR), and other analogous services which are prohibited in the Philippines, or which operation or service constitutes a bypass defrauding Innove and/or its interconnect partners the rightful access charges and other interconnect revenues.
    2. In the event that Company uses the Innove facilities and services for any illegal or unauthorized service including but not limited to those enumerated above, Company shall immediately compensate Innove upon demand an amount equivalent to the prevailing access and hauling charges or the appropriate revenue share (as agreed to be payable by Innove pursuant to its Interconnection Agreement, or any amendment or renewal thereof with its Interconnect Partners) at the time the bypass was committed plus 50% of the total bypass compensation charges. Such bypass compensation shall be payable, without limitation, from the time the bypass activity was conducted by the Company until its discovery by Innove and the complete payment thereof by the Company, and such bypass compensation shall be computed from the time the bypass occurred or was discovered, whichever is earlier, until actual cessation of bypass. Innove shall likewise pass on, and Company agrees to accept and immediately pay, all other claims and damages by Innove’s Interconnect Partners who may have been affected, directly or indirectly, by the unauthorized service.
    3. The foregoing notwithstanding, Innove may, in the event of any violation of this provision and in addition to its right to demand bypass compensation, immediately and without need of notice to the Company, terminate this Agreement and disconnect or deactivate any of the interconnecting trunks or interconnection facilities for the purpose of severing the interconnection. Innove shall not be liable to offending Company for any liability, loss or damage whatsoever, in such a case.
    4. The foregoing is without prejudice to any civil or criminal action that Innove may have under the law or to Innove’s claim for any and all damages that Innove may suffer by virtue of any illegal and/or prejudicial acts of the Company and which Innove is entitled to claim under the law and equity.
  19. 19) Miscellaneous
    1. Abandonment of Location of telephone and/or Internet service – If the Company vacates the premises or when/if Innove finds that the said premises is no longer occupied by the Company, Innove reserves the right to summarily terminate the Services, without being liable to the Company in damages otherwise, and also without prejudice to Innove’s other rights under this Agreement.
    2. Required Disclosure – Innove shall respect and comply with any and all laws, orders of the courts of law, government or law enforcement agencies and regulatory authorities, requiring disclosures of information regarding the Company’s account. Company acknowledges and agrees that such disclosures may be made and that he has no cause of action in law or in equity against Innove for such disclosures.
    3. Easement – If Innove shall at any time be unable to obtain or maintain any license, way leave, permission, or easement necessary for the provision or maintenance of telephone and/or internet service, Innove may, by notice in writing to that effect, terminate this Agreement effective as of the date of such notice, and the Company shall be entitled to no payment or compensation except a return of so much of the subscription as shall have been paid for a period in advance of the date of termination and the balance of any deposit standing in the books of Innove to the credit of the Company, less the value of any charges, fees and rentals due to Innove under this Agreement.
    4. Venue of Suits and Litigation Expenses – In the event of suit arising from or connected with this Agreement, venue shall be in Mandaluyong City, to the exclusion of all other venues. In case of suit, the Company shall in addition to the amount due and collectible, pay twenty-five (25%) of such amounts as damages and another twenty-five (25%) of such amounts by way of attorney’s fees and costs of suits.
    5. Taxes – All taxes such as Value Added Tax presently imposed by the Government on the Service, usage charges and other fees as well as those taxes which the Government may impose hereon and in the future shall be for the account of the Company.
    6. Separability – If any provision of this Agreement or the application thereof to any situation or circumstances shall be invalid or unenforceable, the remained of this Agreement shall not be affected, and each remaining provision shall be valid and enforceable to the fullest extent.
    7. Notices – Any notice demand, request, or other communication under this Agreement shall be in writing and shall be deemed to have been duly given or made: (a) if made by hand delivery, when delivered; (b) if sent by mail, seven (7) days after being deposited in the post office, postage prepaid; and (c) if sent by facsimile receiver at proper number of a party hereto as specified below, when receipt is acknowledged, addressed as follows:

      Innove Communications, Inc.
      15/F Globe Telecom Valero Telepark
      111 Valero St., Salcedo Village, Makati City
      Email Address: mybusinessCARE@globe.com.ph
      Monday to Friday 8:00 AM to 8:00 PM

      Hotline Tel.: (632)730-1288
      Monday to Sunday 8:00 AM to 8:00 PM
    8. Amendments to this Agreement - Innove reserves the right, in its sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of the change. In the event of any such change, Innove will post it in its website. Subscriber should frequently visit Innove's page to monitor any changes. Subscriber's continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.

Acceptance User Policy (AUP) and Fair Usage Policy (FUP)

INTRODUCTION

The Acceptable Use Policy (“AUP”) is designed to provide an understanding of the rules, limitations and restrictions regarding the use of Innove’s services by the Company. References to “you" and “your” are references to you, the Company. This AUP supplements Innove’s Service Agreement (“SA”). From time to time Innove may impose reasonable rules and limitations regarding the use of its Services. The AUP is not exhaustive and Innove reserves the right to modify the AUP at any time, effective upon either the posting of the modified AUP at http://www.mybusiness.globe.com.ph/MSA or notification of the modified AUP to you.

By registering for and using the services, and thereby accepting the terms and conditions of the Terms of the Service Agreement (published at http://www.mybusiness.globe.com.ph/MSA) or its equivalent, you agree to abide by the AUP as modified from time to time. You agree that you shall only use the Service for the following:

  1. 1) Personal or Business Use
  2. 2) Use that is within the bounds of the laws and any rules and regulations of any government agencies for the use of the Service
  3. 3) Use that does not in any way violate, impinge, interfere with the rights or affect the use by other users of the network.

Any violation of the AUP, direct and indirect, by you or by a third party on your behalf, may result in the suspension or termination of your account or such other action as Innove deems appropriate. An unlisted activity may also be a violation of the AUP if it is illegal, irresponsible, or disruptive use of the internet. No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM INNOVE. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. CONTENT INCLUDES, WITHOUT LIMITATION, YOUR ELECTRONIC MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS INNOVE’S POLICY TO TERMINATE REPEAT INFRINGERS, INNOVE RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

Customer Security Responsibilities

You are solely responsible for any breaches of security affecting servers under customer control. If your server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, you are responsible for the cost to rectify the damage done to your server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and Innove reserves the right to charge all costs related to rectifying the damage. Inquiries regarding security matters may be directed tomybusinessCARE@globe.com.ph.

System and Network Security Violations of system or network security are prohibited, and may result in criminal or civil liability. Innove may investigate incidents involving such violations and may involve and could mean cooperation with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
  • Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
  • Interference with service to any user, host or network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
  • Forging of any TCP-IP packet header or any part of the header information in an e-mail or newsgroup posting.

High-risk services, which are services which tends to attract denial of service attacks, are strictly prohibited. This includes, but is not limited to, Internet Relay Chat (“IRC”) related services and selling of shell accounts.

Violators of the policy are responsible, without limitations, for the cost incurred by Innove to clean up and correct any damage done to he operation of the network and business operations supported by the network, and to respond to complaints including but not limited to labor costs. Such labor is categorized as emergency security breach recovery and Innove reserves the right to change all costs related to rectifying the damage. Inquiries regarding security matters may be directed to mybusinessCARE@globe.com.ph. Innove is concerned with the privacy of online communications and web sites. In general, the internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Innove urges you to assume that all of your online communications are not secure, and we encourage you to make use of the following tools including but not limited to:

  • anti-virus software;
  • appropriate software and/or hardware firewalls;
  • privacy protection tools

Innove cannot take responsibility for the security of information transmitted over Innove facilities.

Password Protection

You are responsible for protecting your password and for any authorized and unauthorized use of your password. You will not use or permit anyone to use Innove Service or to access other systems or networks without authorization. Innove will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Internet Etiquette

You are expected to be familiar with and to practice good internet etiquette (Netiquette) as stated in this AUP. You will comply with the rules, appropriate to any network to which Innove may provide access. You will not post, transmit, or permit Internet access to information you desire to keep confidential. You are not permitted to post any material that is illegal, libelous and/or tortuous, indecent or is likely to result in retaliation against Innove by offended users. You are not allowed to post any material that will result to rebellion, insurrection, coup d’ etat, sedition, conspiracy to commit sedition or inciting to sedition.

Innove reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

Copyright Infringement – Software Piracy Policy

The Innove network may only be used for lawful purposes. Transmission, distribution or storage of any information, data or material in violation of the law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law, regardless how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating copyright law. If caught with pirated software, you may be liable under both civil and criminal law, and you may be fined and/or imprisoned. In compliance with the laws relating to Intellectual Property, please send notifications of claimed infringements to mybusinessCARE@globe.com.ph. Innove will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Network Responsibility

You have a responsibility to use the Innove network responsibly. This includes respecting the other subscribers of Innove. Innove reserves the right to suspend and/or cancel service of any subscriber who uses the Innove network in such a way that adversely affects other Innove network subscribers. This includes but is not limited to:

Attacking or attempting to gain unauthorized access to servers and services that belong to Innove or its subscribers (i.e. computer hacking), and/or participating in behavior which result in reprisals that adversely effect the Innove network or other subscribers access to the Innove network.

Innove will react strongly to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include, but are not limited to “Internet Scanning” (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of the accounts or computer by an Innove subscriber, whether or not the attacked account or computer belongs to Innove, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server or subscriber of Innove is strictly prohibited.

Lawful Purpose

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation or AUP is prohibited. This includes, but is not limited to:

  • copyrighted material; and/or
  • material protected by trade secret and other and other statute; and/or
  • dissemination of harmful or fraudulent content

Using any Innove service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under the applicable law is prohibited.

Any conduct that constitutes harassment, fraud, stalking, abuse, spamming, the spread of viruses, or denial of service attacks in connection with use of Innove services or products is prohibited. Using the Innove network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

Servers hosted within Innove network are open to the public. You are solely responsible for your usage of the Innove network and servers and any statement you make on servers hosted within the Innove network may be deemed “publication” of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in a manner that is illegal or libelous.

Pornography on the Internet

Our policy on pornography is zero tolerance, Innove will cooperate fully with any criminal investigation into a subscriber’s violation of the Child Protection Act of 1984 concerning child pornography and the other laws on pornography. You are ultimately responsible for the actions of your clients over the Innove network, and will be liable for illegal material posted by your clients.

According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ on the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Commercial Advertisements with E-mail  

Innove takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. This means that a subscriber of Innove may not use or permit others to use Innove’s network to transact in UCE. You may not host or permit hosting of sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Sending unsolicited messages to a number of recipients is by itself spamming, unless the individuals have specifically requested to be added to a mailing on the topic. This includes commercial advertisements and informational messages sent to recipients via electronic mail (e-mail) as well as off-topic messages posted in Usenet discussion groups where the recipients has not requested or invited the message. Mailing lists must be true opt-in mailing lists. Before sending any e-mail to listed user, a confirmation e-mail, with a tracking number, must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. You must keep these confirmations on file, so that in the case that a spam complaint is made against you, you have proof that the user did indeed opt-in. In addition, you must provide atleast one easy way to opt-out. Opt-out requests must be honored immediately.

E-mail is a Person-to-Person Medium, Not a Broadcast Medium

You are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Subscribers are ultimately responsible for the actions of their clients over the Innove network, it is advisable to develop a similar or stricter policy for your clients.

Violation of Innove’s SPAM policy as contained in this Agreement will result in appropriate legal action. Upon notification of an alleged violation of the SPAM policy, Innove will initiate an immediate investigation (within 48 hours of notification). During the investigation, Innove may restrict your access to the network to prevent further violation of the SPAM policy. Innove may, at its sole discretion, restrict, suspend or terminate your account. Further, Innove reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Innove will notify law enforcement officials if the violation is believed to be a criminal offence.

Violation if Innove SPAM policy may be reported to mybusinessCARE@globe.com.ph.

IP Address Overlap

Innove administers the network on which your servers reside. You cannot use IP addresses which have not been assigned to you by Innove staff. Any server found using IPs that have not been assigned will be suspended from network access until such time as the IP address overlap can be connected.     

IRC POLICY

Innove does not allow use of IRC Servers on the Innove network without written authorization. This includes but is not limited to the use of server software, bits or the like. Violators’ servers will be suspended.

Billing

You understand that you are responsible for paying for any network resources that are used to connect your service to the Internet. You may request that your server be disconnected from the Internet, but you will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

Suspension

Innove reserves the right to suspend network access to you if, in the judgment of the Innove network administrators, your server is the source or target of the violation of any of the other terms of the AUP or for other analogous grounds which in Innove’s reasonable judgment are violations of the terms of the AUP. If inappropriate activity is detected, all your accounts in question will be deactivated until an investigation is complete. Prior notification to you under these circumstances is no assured. In extreme cases, law enforcement will be contacted regarding the activity. You will not be credited for the time the customers’ machines had to be suspended. You will be credited on a prorated basis based on the monthly fees you pay for the servers that suspended for the time your machines had to be suspended.

Cancellation

Innove reserves the right to cancel service at any time. If inappropriate activity is detected, all your accounts in question will be deactivated until an investigation is complete. Prior notification to you under these circumstances is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation are non-refundable if Innove institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to you (i.e. transfer, space, etc.).

Indemnification

Innove wishes to emphasize that in signing the Innove Terms and Conditions Agreement, or its equivalent, you will indemnify Innove for any violation of Innove terms and conditions agreement, law or AUP that results in loss to Innove or the bringing of any claim against Innove by any third party. This means that if Innove is sued because of your or your customer’s activity, you will pay any damages awarded against Innove, plus costs and reasonable attorney’s fee.

Acceptable Use – Broadband Services

You must not use the service in manner which interferes with the rights of the other users or which breaches Internet Etiquette as likewise enumerated herein.

Among others, you must not:

  • disobey the rules of any newsgroup, forum, e-mail mailing list or other similar group
  • post the same or similar messages to more than one USENET newsgroups (including excessive cross-posting or multiple-posting, also known as “SPAM”)

Unauthorized Access

You must not use the service to obtain unauthorized access to computer, system or network.

If you do not have authorization, you must not:

  • access or use any data, systems or networks
  • probe, scan or test the vulnerability of a system or network
  • breach any security or authentication measures for a system or network
  • attempt to gain access to the account of any other user or system or network.

Unlawfully accessing or damaging data in a computer is not only a breach of  the Acceptable Use Policy, it is also a criminal offense punishable by fine imprisonment or both according to law.

You must not use the service in manner which may interfere with the technical operation of the service or any other computer, system or network.

You must not attempt to interfere with the regular workings of the Innove systems or network connections or the Innove or its upstreams or any other network. The Innove may override any attempt by you to specify a particular traffic routing pattern.

You must not impair the ability of other people to use the Innove systems or the Internet or any other connected networks. You must not use the service as a staging ground to disable or interfere with other systems, for example DoS/DDoS attacks, Port Scans, etc. You must not use IRC (or other “chat” networks) bots or clone-bots on the service. An IRC bot is a program that runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.

Legal Material

In using the service, you must not break any laws or infringe the rights of other persons.

For example, you must not:

  • distribute or make available any abusive, obscene, defamatory or pornographic material
  • distribute or make available any material which would be classified R or X (or refused classification) by the Classification Board or banned under the laws of the Republic of the Philippines
  • copy or attempt to copy any material if you do not have the owner’s permission to do so.

Detection/Co-operation

To detect and deal with the breaches of the AUP, Innove may take the following actions:

  • Co-operate with the other service providers to control unacceptable user behavior,
  • Co-operate with the Police (state or federal), or other law enforcement or intelligent agencies of the Republic of the Philippines, by providing the details and related data (i.e., log files) of users who are suspected of breaking any laws of the Republic of the Philippines
  • Co-operate with any court order requiring information about the activities or the service details. Innove may implement technical mechanisms to prevent behavior which breaches this policy (for example, which block multiple postings before they are forwarded to their intended recipients, access to peer-to-peer networks or websites  or network addresses deemed to hold illegal content).

Innove may exercise any rights it has under its contract with you whose account is being used in breach of this policy. Such rights include the right to suspend or terminate your use of the service.

Innove may take any other action it deems appropriate, including taking action against offenders to recover costs and expenses of identifying them.

IP Address Allocation

An IP address is a number(s) that identifies a connection to the internet.

  • Residential grade services are assigned an IP address upon successful authentication. This means that an IP address from an allocated pool is assigned to you upon log-in and that IP address will change from time to time as set by the system.
  • Customers with static IP or those that do not form part of the allocated pool and will have a constant IP address
  • Residential Grade services are required to re-connect/re-authenticate to Innove network every 24-hour period (from initial log-in). This provides consistency and accuracy for usage and accounting purposes.
  • Premium/Business DSL and fiber services are exempt from the above.

Permitted Services

There are internet “servers” or “services” that are considered inappropriate to be hosted on Budget Grade and Fixed Wireless/Mobile Broadband services of Innove namely:

  • Anything that nay be defined as a “server”; examples are as follows:
  • Web Server (port 80)
  • Mail Server (port 25, 110, 143)
  • Game Server (various ports)
  • Any FTP Server (20, 21)
  • DNS Servers (53)
  • P2P Server (various ports)
  • IRC (or other Chat) servers (various ports)
  • Services specifically exempt are:
  • Non-Business VPN
  • Remote Control (i.e., Remote administrator, PC anywhere, Terminal Services, Laplink, VNC, etc.)
  • On the fixed Wireless/Mobile Broadband, no P2P or anonymous services although SMTP, FTP and alike are allowed

Innove reserves the right to block these or any other like services from operating on Innove’s network by utilizing access-lists, firewall, filtering or other bandwidth control technologies to limit the amount of bandwidth available to services that are not permitted.

Open Relay Mail Servers

Innove define an “Open-Relay” mail server as an SMTP mail server that allows third parties to send e-mails to other third parties. Third parties are those people/services that are not authorized to use an end-customer mail server.

One use of an Open-Relay server is that they are used to send spam/viruses to many people (perhaps hundreds of thousands). Open Relay servers cause significant stress on Innove’s network and are not allowed under any circumstances.

Business customers who choose to operate their own mail servers are responsible for the orderly administration of those servers. They must be configured not to be able to be used for “open relaying”. If you need assistance, please contact Innove.

Any customer, who operates an Open Relay mail server, whether purposefully or accidentally, will be liable for costs incurred by Innove in dealing with the situation.

Disclaimer of Responsibility

Innove is under no duty to look at each customer’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police internet-related activities. Innove disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person’s or party’s violation of this policy.

All Sub-Networks, resellers and managed servers of Innove must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation.

INTRODUCTION

The Acceptable Use Policy (“AUP”) is designed to provide an understanding of the rules, limitations and restrictions regarding the use of Innove’s services by the Company. References to “you" and “your” are references to you, the Company. This AUP supplements Innove’s Service Agreement (“SA”). From time to time Innove may impose reasonable rules and limitations regarding the use of its Services. The AUP is not exhaustive and Innove reserves the right to modify the AUP at any time, effective upon either the posting of the modified AUP at http://www.mybusiness.globe.com.ph/MSA or notification of the modified AUP to you.

By registering for and using the services, and thereby accepting the terms and conditions of the Terms of the Service Agreement (published at http://www.mybusiness.globe.com.ph/MSA) or its equivalent, you agree to abide by the AUP as modified from time to time. You agree that you shall only use the Service for the following:

  1. 1) Personal or Business Use
  2. 2) Use that is within the bounds of the laws and any rules and regulations of any government agencies for the use of the Service
  3. 3) Use that does not in any way violate, impinge, interfere with the rights or affect the use by other users of the network.

Any violation of the AUP, direct and indirect, by you or by a third party on your behalf, may result in the suspension or termination of your account or such other action as Innove deems appropriate. An unlisted activity may also be a violation of the AUP if it is illegal, irresponsible, or disruptive use of the internet. No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM INNOVE. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. CONTENT INCLUDES, WITHOUT LIMITATION, YOUR ELECTRONIC MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS INNOVE’S POLICY TO TERMINATE REPEAT INFRINGERS, INNOVE RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

Customer Security Responsibilities

You are solely responsible for any breaches of security affecting servers under customer control. If your server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, you are responsible for the cost to rectify the damage done to your server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and Innove reserves the right to charge all costs related to rectifying the damage. Inquiries regarding security matters may be directed tomybusinessCARE@globe.com.ph.

System and Network Security Violations of system or network security are prohibited, and may result in criminal or civil liability. Innove may investigate incidents involving such violations and may involve and could mean cooperation with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
  • Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
  • Interference with service to any user, host or network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
  • Forging of any TCP-IP packet header or any part of the header information in an e-mail or newsgroup posting.

High-risk services, which are services which tends to attract denial of service attacks, are strictly prohibited. This includes, but is not limited to, Internet Relay Chat (“IRC”) related services and selling of shell accounts.

Violators of the policy are responsible, without limitations, for the cost incurred by Innove to clean up and correct any damage done to he operation of the network and business operations supported by the network, and to respond to complaints including but not limited to labor costs. Such labor is categorized as emergency security breach recovery and Innove reserves the right to change all costs related to rectifying the damage. Inquiries regarding security matters may be directed to mybusinessCARE@globe.com.ph. Innove is concerned with the privacy of online communications and web sites. In general, the internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Innove urges you to assume that all of your online communications are not secure, and we encourage you to make use of the following tools including but not limited to:

  • anti-virus software;
  • appropriate software and/or hardware firewalls;
  • privacy protection tools

Innove cannot take responsibility for the security of information transmitted over Innove facilities.

Password Protection

You are responsible for protecting your password and for any authorized and unauthorized use of your password. You will not use or permit anyone to use Innove Service or to access other systems or networks without authorization. Innove will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Internet Etiquette

You are expected to be familiar with and to practice good internet etiquette (Netiquette) as stated in this AUP. You will comply with the rules, appropriate to any network to which Innove may provide access. You will not post, transmit, or permit Internet access to information you desire to keep confidential. You are not permitted to post any material that is illegal, libelous and/or tortuous, indecent or is likely to result in retaliation against Innove by offended users. You are not allowed to post any material that will result to rebellion, insurrection, coup d’ etat, sedition, conspiracy to commit sedition or inciting to sedition.

Innove reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

Copyright Infringement – Software Piracy Policy

The Innove network may only be used for lawful purposes. Transmission, distribution or storage of any information, data or material in violation of the law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law, regardless how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating copyright law. If caught with pirated software, you may be liable under both civil and criminal law, and you may be fined and/or imprisoned. In compliance with the laws relating to Intellectual Property, please send notifications of claimed infringements to mybusinessCARE@globe.com.ph. Innove will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Network Responsibility

You have a responsibility to use the Innove network responsibly. This includes respecting the other subscribers of Innove. Innove reserves the right to suspend and/or cancel service of any subscriber who uses the Innove network in such a way that adversely affects other Innove network subscribers. This includes but is not limited to:

Attacking or attempting to gain unauthorized access to servers and services that belong to Innove or its subscribers (i.e. computer hacking), and/or participating in behavior which result in reprisals that adversely effect the Innove network or other subscribers access to the Innove network.

Innove will react strongly to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include, but are not limited to “Internet Scanning” (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of the accounts or computer by an Innove subscriber, whether or not the attacked account or computer belongs to Innove, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server or subscriber of Innove is strictly prohibited.

Lawful Purpose

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation or AUP is prohibited. This includes, but is not limited to:

  • copyrighted material; and/or
  • material protected by trade secret and other and other statute; and/or
  • dissemination of harmful or fraudulent content

Using any Innove service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under the applicable law is prohibited.

Any conduct that constitutes harassment, fraud, stalking, abuse, spamming, the spread of viruses, or denial of service attacks in connection with use of Innove services or products is prohibited. Using the Innove network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

Servers hosted within Innove network are open to the public. You are solely responsible for your usage of the Innove network and servers and any statement you make on servers hosted within the Innove network may be deemed “publication” of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in a manner that is illegal or libelous.

Pornography on the Internet

Our policy on pornography is zero tolerance, Innove will cooperate fully with any criminal investigation into a subscriber’s violation of the Child Protection Act of 1984 concerning child pornography and the other laws on pornography. You are ultimately responsible for the actions of your clients over the Innove network, and will be liable for illegal material posted by your clients.

According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ on the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Commercial Advertisements with E-mail  

Innove takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. This means that a subscriber of Innove may not use or permit others to use Innove’s network to transact in UCE. You may not host or permit hosting of sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Sending unsolicited messages to a number of recipients is by itself spamming, unless the individuals have specifically requested to be added to a mailing on the topic. This includes commercial advertisements and informational messages sent to recipients via electronic mail (e-mail) as well as off-topic messages posted in Usenet discussion groups where the recipients has not requested or invited the message. Mailing lists must be true opt-in mailing lists. Before sending any e-mail to listed user, a confirmation e-mail, with a tracking number, must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. You must keep these confirmations on file, so that in the case that a spam complaint is made against you, you have proof that the user did indeed opt-in. In addition, you must provide atleast one easy way to opt-out. Opt-out requests must be honored immediately.

E-mail is a Person-to-Person Medium, Not a Broadcast Medium

You are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Subscribers are ultimately responsible for the actions of their clients over the Innove network, it is advisable to develop a similar or stricter policy for your clients.

Violation of Innove’s SPAM policy as contained in this Agreement will result in appropriate legal action. Upon notification of an alleged violation of the SPAM policy, Innove will initiate an immediate investigation (within 48 hours of notification). During the investigation, Innove may restrict your access to the network to prevent further violation of the SPAM policy. Innove may, at its sole discretion, restrict, suspend or terminate your account. Further, Innove reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Innove will notify law enforcement officials if the violation is believed to be a criminal offence.

Violation if Innove SPAM policy may be reported to mybusinessCARE@globe.com.ph.

IP Address Overlap

Innove administers the network on which your servers reside. You cannot use IP addresses which have not been assigned to you by Innove staff. Any server found using IPs that have not been assigned will be suspended from network access until such time as the IP address overlap can be connected.     

IRC POLICY

Innove does not allow use of IRC Servers on the Innove network without written authorization. This includes but is not limited to the use of server software, bits or the like. Violators’ servers will be suspended.

Billing

You understand that you are responsible for paying for any network resources that are used to connect your service to the Internet. You may request that your server be disconnected from the Internet, but you will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

Suspension

Innove reserves the right to suspend network access to you if, in the judgment of the Innove network administrators, your server is the source or target of the violation of any of the other terms of the AUP or for other analogous grounds which in Innove’s reasonable judgment are violations of the terms of the AUP. If inappropriate activity is detected, all your accounts in question will be deactivated until an investigation is complete. Prior notification to you under these circumstances is no assured. In extreme cases, law enforcement will be contacted regarding the activity. You will not be credited for the time the customers’ machines had to be suspended. You will be credited on a prorated basis based on the monthly fees you pay for the servers that suspended for the time your machines had to be suspended.

Cancellation

Innove reserves the right to cancel service at any time. If inappropriate activity is detected, all your accounts in question will be deactivated until an investigation is complete. Prior notification to you under these circumstances is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation are non-refundable if Innove institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to you (i.e. transfer, space, etc.).

Indemnification

Innove wishes to emphasize that in signing the Innove Terms and Conditions Agreement, or its equivalent, you will indemnify Innove for any violation of Innove terms and conditions agreement, law or AUP that results in loss to Innove or the bringing of any claim against Innove by any third party. This means that if Innove is sued because of your or your customer’s activity, you will pay any damages awarded against Innove, plus costs and reasonable attorney’s fee.

Acceptable Use – Broadband Services

You must not use the service in manner which interferes with the rights of the other users or which breaches Internet Etiquette as likewise enumerated herein.

Among others, you must not:

  • disobey the rules of any newsgroup, forum, e-mail mailing list or other similar group
  • post the same or similar messages to more than one USENET newsgroups (including excessive cross-posting or multiple-posting, also known as “SPAM”)

Unauthorized Access

You must not use the service to obtain unauthorized access to computer, system or network.

If you do not have authorization, you must not:

  • access or use any data, systems or networks
  • probe, scan or test the vulnerability of a system or network
  • breach any security or authentication measures for a system or network
  • attempt to gain access to the account of any other user or system or network.

Unlawfully accessing or damaging data in a computer is not only a breach of  the Acceptable Use Policy, it is also a criminal offense punishable by fine imprisonment or both according to law.

You must not use the service in manner which may interfere with the technical operation of the service or any other computer, system or network.

You must not attempt to interfere with the regular workings of the Innove systems or network connections or the Innove or its upstreams or any other network. The Innove may override any attempt by you to specify a particular traffic routing pattern.

You must not impair the ability of other people to use the Innove systems or the Internet or any other connected networks. You must not use the service as a staging ground to disable or interfere with other systems, for example DoS/DDoS attacks, Port Scans, etc. You must not use IRC (or other “chat” networks) bots or clone-bots on the service. An IRC bot is a program that runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.

Legal Material

In using the service, you must not break any laws or infringe the rights of other persons.

For example, you must not:

  • distribute or make available any abusive, obscene, defamatory or pornographic material
  • distribute or make available any material which would be classified R or X (or refused classification) by the Classification Board or banned under the laws of the Republic of the Philippines
  • copy or attempt to copy any material if you do not have the owner’s permission to do so.

Detection/Co-operation

To detect and deal with the breaches of the AUP, Innove may take the following actions:

  • Co-operate with the other service providers to control unacceptable user behavior,
  • Co-operate with the Police (state or federal), or other law enforcement or intelligent agencies of the Republic of the Philippines, by providing the details and related data (i.e., log files) of users who are suspected of breaking any laws of the Republic of the Philippines
  • Co-operate with any court order requiring information about the activities or the service details. Innove may implement technical mechanisms to prevent behavior which breaches this policy (for example, which block multiple postings before they are forwarded to their intended recipients, access to peer-to-peer networks or websites  or network addresses deemed to hold illegal content).

Innove may exercise any rights it has under its contract with you whose account is being used in breach of this policy. Such rights include the right to suspend or terminate your use of the service.

Innove may take any other action it deems appropriate, including taking action against offenders to recover costs and expenses of identifying them.

IP Address Allocation

An IP address is a number(s) that identifies a connection to the internet.

  • Residential grade services are assigned an IP address upon successful authentication. This means that an IP address from an allocated pool is assigned to you upon log-in and that IP address will change from time to time as set by the system.
  • Customers with static IP or those that do not form part of the allocated pool and will have a constant IP address
  • Residential Grade services are required to re-connect/re-authenticate to Innove network every 24-hour period (from initial log-in). This provides consistency and accuracy for usage and accounting purposes.
  • Premium/Business DSL and fiber services are exempt from the above.

Permitted Services

There are internet “servers” or “services” that are considered inappropriate to be hosted on Budget Grade and Fixed Wireless/Mobile Broadband services of Innove namely:

  • Anything that nay be defined as a “server”; examples are as follows:
  • Web Server (port 80)
  • Mail Server (port 25, 110, 143)
  • Game Server (various ports)
  • Any FTP Server (20, 21)
  • DNS Servers (53)
  • P2P Server (various ports)
  • IRC (or other Chat) servers (various ports)
  • Services specifically exempt are:
  • Non-Business VPN
  • Remote Control (i.e., Remote administrator, PC anywhere, Terminal Services, Laplink, VNC, etc.)
  • On the fixed Wireless/Mobile Broadband, no P2P or anonymous services although SMTP, FTP and alike are allowed

Innove reserves the right to block these or any other like services from operating on Innove’s network by utilizing access-lists, firewall, filtering or other bandwidth control technologies to limit the amount of bandwidth available to services that are not permitted.

Open Relay Mail Servers

Innove define an “Open-Relay” mail server as an SMTP mail server that allows third parties to send e-mails to other third parties. Third parties are those people/services that are not authorized to use an end-customer mail server.

One use of an Open-Relay server is that they are used to send spam/viruses to many people (perhaps hundreds of thousands). Open Relay servers cause significant stress on Innove’s network and are not allowed under any circumstances.

Business customers who choose to operate their own mail servers are responsible for the orderly administration of those servers. They must be configured not to be able to be used for “open relaying”. If you need assistance, please contact Innove.

Any customer, who operates an Open Relay mail server, whether purposefully or accidentally, will be liable for costs incurred by Innove in dealing with the situation.

Disclaimer of Responsibility

Innove is under no duty to look at each customer’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police internet-related activities. Innove disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person’s or party’s violation of this policy.

All Sub-Networks, resellers and managed servers of Innove must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation.

Globe-Bayan Broadband and Landline Services Subscription
Agreement

Terms and Conditions

This Agreement governs the terms and conditions of provision of fixed line telephone and/or internet service and/or Value Added Services (the Services) to the Company. This Agreement embodies all the agreements and representations. BAYAN TELECOMMUNICATIONS, (“Bayan” a member of the Globe group of companies) reserves the right to adjust, modify or amend these terms and conditions as the needs of the Services may require, with due notice to Company.

  1. Term of Agreement – this Agreement shall be effective for the agreed Minimum Subscription Period (“MSP”) stated in the application form from activation date unless otherwise stated in the promo offer. Upon the lapse of the MSP, this Agreement shall be deemed automatically renewed and shall continue on a month-to-month basis until terminated by notice in accordance with the provisions of this Agreement.
  2. Coverage Agreement – This Agreement shall cover Services as described in Service Order Agreement (“SOA”).

In case of special promotions, a separate document setting forth the terms and conditions of such special promotion may supersede or supplement this Agreement.

  1. Application for Service
    1. Bayan shall process Company’s application for Services only if he signs the application form and attaches all of the required documents for credit evaluation.
    2. Approval of applications shall be at Bayan’s sole discretion. Bayan reserves the right to disapprove any application based on the required documents submitted. Bayan shall not be required to give any reason for disapproving any application. Company acknowledges that he has no action for the disapproval of his application.
  2. Installation/Activation
    1. Prior to the installation of service, the applicant shall pay the installation and connection charges itemized in the SOA provided by Bayan to the Company.
    2. Line and service activation shall take place on a specific date determined by Bayan after the installation shall have been completed and tested.
  3. Rates and Charges; Deposit
    1. Monthly Rates – Bayan shall charge the Company for his usage of the Services in accordance with the rates approved by the National Telecommunications Commission (NTC) and as indicated in the SOA. Billing shall commence upon activation of the Service. In the event of any adjustment in rates, Bayan shall charge the Company the adjusted rate upon the effectivity of the order of the NTC approving the same.
    2. Deposits – Please refer to the respective Service Order of the subscribed Service.
  4. Billing and Payments
    1. Due Dates – Company shall promptly pay all charges, fees, costs, rentals or such other sums due as reflected in the official bill of Bayan on or before the due date specified therein without need of any demand.
    2. Place of Payment
      1. All payments of bills which are not overdue shall be made to Bayan at its Globe Broadband Payments and Services Centers or through such other agents as shall be authorized by Bayan. Bayan shall not be bound to honor payments made to persons or entities or at places not authorized by Bayan.
      2. Settlement of bills which are overdue shall be made only at Globe Broadband Payments and Service Center in full and under such terms and conditions as Bayan may impose. Bayan’s legal right and cause of action related to the collection of the entirety of such sums, penalties and other damages which the delayed payment shall have caused shall not be affected by payment, whether in full or in part, of the bill.
      3. Bayan shall send billing statements to Company’s billing address as indicated in the application form. The Company shall inform Bayan in advance and in writing of any change in the Company’s billing address. Bayan shall not be responsible for the consequences of the Company’s inability to receive bills and make payments resulting from the Company’s failure to timely notify Bayan of any change in address.
    3. Penalty Interest. In the event of failure by the Company to pay on or before the due date specified in the billing invoice, legal rate of interest shall be imposed on all overdue amounts, without prejudice to Bayan’s right to pursue any other legal action which Bayan may deem necessary to protect its interest.
    4. Application of Payment. All payments shall be applied first to the penalty interest, then billings in arrears and the balance if any, to the current obligation. Any excess epayment in respect of one billing may be used by Bayan to offset outstanding charges, fees, costs, rentals or any other sum due in another bill of the Company or credit it to the next month’s bill.
    5. All complaints or questions on billings shall be made by way of a written complaint and duly filed by Company or its authorized representative at the Globe Broadband Payments and Service Center. Such complaints shall be filed within ten (10) days from receipt of the questioned billings; otherwise, the billing shall be deemed accepted, final and conclusive against the Company.
    6. Bayan reserves the right to suspend or disconnect the Services after notice is given to the Company should the latter fail to pay all sums that are due Bayan under this Agreement. Reconnection shall be at the sole discretion of Bayan and shall be subject to such terms and conditions as may be imposed by Bayan, including the payment of reconnection fee.
  5. Credit Limit
    1. The Company shall be assigned a credit limit, which limit shall include a limit on usage for both domestic and international telephone service usage and/or internet package and/or Value Added Services when applicable. Bayan may render an interim billing even before the billing cycle, in the event the Company exceeds its credit limit. Should the Company fail to make payment within forty-eight (48) hours from receipt of the interim bill, or should Bayan be unable to serve the interim bill on the Company because the Company is unreachable at the billing address which the Company has last registered with Bayan, then Bayan may re-direct the Services until payment is made by the Company and his available credit limit is restored.
    2. Bayan reserves the right to refuse any request for increase in the credit limit or to require as a condition for increased credit limit, additional deposit or revised billing cycle.
  6. Services Modifications and Adjustments

    Bayan shall charge the applicable administrative fees to cover internal processing of requests for Service Modifications initiated and requested by Company, including but not limited to, transfer of ownership, change of telephone number, increase/reduction/modification of the Services, reconnection, and other modifications related to the Services. Bayan shall inform the Company of the applicable administrative fees prior to executing the service Modification.
  7. Special Facilities and Installations; Alterations to Existing Services
    1. In the event of additional wiring, cabling and trunking where the nature of Service to be provided to the Company requires the installation of wiring, conduits, cabling or other service equipment not ordinarily provided to single-line residential subscribers, or where the premises in which the Company is located wishes to locate his telephone requires cabling, wiring or other services not provided in the standard installation package of Bayan, Bayan’s staff and/or authorized agents shall decide on the route of wiring and cabling in the Company’s premises, and Bayan shall not be obliged to utilize trunking or conduits provided by the Company. Bayan and the Company shall agree on the shouldering of the cost for such additional installation as a pre-requisite to the commencement of installation.
    2. In the provision of PABX and other electronic telephone traffic handling facilities, or other equipments related to the telephone services which are dependent on an external power supply. Bayan may, if it deems the same necessary request the Company to provide at his own expense the main power supply for the equipment connected to the telephone line in accordance with Bayan’s requirements.
    3. If in the opinion of Bayan the Company’s existing are inadequate to cope with this telephone traffic and/or likely to cause congestion in Bayan’s telephone network. Bayan shall advise and the Company shall promptly comply with such advice to upgrade the existing facilities to cope with such telephone traffic, at the Company’s own expense.
    4. Bayan reserves the right to decline to provide the Services when installation and/or maintenance difficulties are anticipated without the provision of special facilities or power supply until such time that the Company provides the cabling (such as conduit, pipe, etc.) requested by Bayan or Bayan is able to provide the same and the Company and Bayan shall have agreed on an arrangement for shouldering the costs thereof.
    5. Bayan may, with prior written notice to the Company and without charging the Company any fees, make any alteration to its Services, if Bayan considers such as necessary and desirable in the interest of public service. Bayan shall not be liable for any loss or inconvenience to the Company resulting there from. Similarly, Bayan shall not be liable for any damage, whether direct or indirect, actual or consequential, or otherwise, for any interruption or failure in service due to causes beyond the control of Bayan. Bayan shall not be liable to the Company or to any third party claiming from or through the Company for any damage, loss or injury, to persons or properties however arising occasioned by the equipment or any part thereof.
    6. Bayan reserves the right to terminate the Service at premises which are unauthorized and unsafe.
  8. Customer Premises Equipment and Internal Wiring
    1. The Company shall provide his own internal facilities such as wiring and sockets within the premises according to Bayan’s specifications and guidelines based on NTC’s Code of Practice. The Company may request Bayan or any of the NTC’s registered contractors/individual installer to provide the internal wiring and sockets at the Company’s expense.
    2. Only type-approved telephone and/or internet equipment shall be permitted for connection to Bayan’s network. The Company shall ensure that Bayan’s prior written permission is obtained before connection of other type-approved equipment to Bayan’s network. Type- approved telephones and/or internet equipment refer to those equipment supplied by the holder of Bayan’s Type Approval Certificate or his appointed agent(s).
    3. The Company shall ensure that the equipment is installed, maintained and operated in a proper manner so that no interference is cause to Bayan’s service and network and the safety of Bayan’s staff or authorized agents and the public are not endangered. Bayan shall not be responsible for ensuring the compatibility of other equipment that Company may decide to connect to Bayan’s provided equipment.
    4. The Company shall not make any adjustments, modifications or alterations to the equipment including the incorporation of any equipment accessory without prior written approval of Bayan and if, in the opinion of Bayan, alterations or additions to the equipment are deemed necessary, Bayan shall direct and the Company shall at its own expense carry out such alterations, modifications or additions.
    5. The Company shall strictly comply with and ensure compliance with all instructions/notices given by Bayan or NTC from time to time regarding the use and installation of the equipment. The Company shall undertake to promptly disconnect the Company owned equipment and wiring not provided by Bayan from the telephone network if requested by Bayan to do so at any time.
    6. Bayan may charge the Company for the cost of responding to a maintenance request at the Company’s premises if it is ascertained that the cause of the problem is attributable to the Company’s equipment and internal wiring.
    7. The Company is responsible in keeping the telephone and/or modem equipment in good condition, fair wear and expected. The Company shall exercise all due diligence to maintain the telephone and modem units and other equipment, if any, provided by Bayan or its authorized agents, including cleanliness and protection of the same from pests, insects and rodents. Company shall promptly report to Bayan any damage or malfunction of any telephone and/or modem unit or other equipment, if any. Company shall not attempt to make any repairs on any telephone and/or modem or any of the equipment provide by Bayan. Bayan shall not be responsible for any damage to the telephone and/or modem units, or for the voiding of warranties on repair in the case of units acquired by the Company through outright purchase, which may be caused by Company’s own attempt at repairing or causing the repair of such damage to wiring or sockets by persons unauthorized by Bayan.
    8. Bayan shall not be liable for any delay or interruption in or failure to provide or restore the Services caused by or attributable to Company’s equipment and facilities or any service provided by another person or entity.
  9. Telephone Numbers

    Telephone numbers are randomly assigned by Bayan in accordance with the numbering plan assigned by the NTC and the Company has no property right to the telephone number assigned to him. Bayan reserves the right to alter and/or allocate any telephone number of, or to the Company at any time without being liable for any loss or inconvenience attributable to the change/ allocation of the telephone number whatever may be the cause for the change/ allocation.
  10. Assignment or Transfer of Ownership or Rights:

    Transfer of Location of Telephone and/or Internet Service
    1. Company shall not, without Bayan’s prior written consent and the filling up of appropriate service modification request with Bayan, assign this Agreement or any right, interest or benefir herein, transfer or cause the transfer of the location of the telephone and/or modem, sub-lease the premises in which the telephone and/or modem is located, mortgage or hypothecate the telephone and/or modem or allow any person to share in the use and benefits of the Services or of this Agreement, whether for consideration or not.
    2. In the event Bayan discovers that Company has caused any of the foregoing without Bayan’s prior written consent, Bayan reserves the right to immediately terminate the Services without any obligation whatsoever to provide service to the transferee or mortgagee, or honor any agreement between the transferor and the transferee, or to impose such terms and conditions as it may deem fit, including the terms and conditions of this Agreement, for the reconnection or continuation of the Services to the transferee.
    3. Company shall continue to be liable for all charges for the use of the Services until he has personally notified Bayan and Bayan has approved such transfer or alternative arrangement. Company shall indemnify Bayan for all sums for which it may be liable arising from its refusal to render service to the authorized transferee.
    4. Furthermore, in the event Bayan opts not to execute a new agreement with the transferee, Company shall indemnify Bayan against all expenses incurred in respect of removing any wires or posts used solely for the Services.
  11. Responsibility of Company
    1. Ensure that the telephone service shall not be used at any time to make calls which may cause or may cause irritation, annoyance, embarrassment, harassment, vexation or nuisance of any kind whatsoever to others;
    2. Use all telephone and/or modem equipment and instruments installed by Bayan on the Company’s premises in a proper manner;
    3. Obtain the written approval of Bayan whenever he contemplates using the telephone Services as part of another telecommunications service, or as medium for promotion, publicity for any campaign for whatever purpose, of whatever nature, by whatever name called which is likely to generate a change in the telephone traffic in excess of his normal daily usage of the service, and/or likely to cause congestion in Bayan’s telephone network;
    4. Keep equipment provided by Bayan, if any, in good condition (fair wear and tear only excepted) and be fully responsible for any loss or damage to Bayan’s equipment in his premises whether the same be caused by fire, theft, vandalism, accident, fault or negligence by the Company or other persons or otherwise. The cost of the repair rendered necessary thereby or the cost of replacement of lost equipment shall be paid for by the Company.
    5. Promptly report to Bayan any problem with or damage to his fixed access unit, telephone and/or modem or telephone and/or internet line and any circumstance or any act of other persons which may or which the Company has reason to believe will cause damage to the telephone and/or internet lines or other instruments or equipment of Bayan;
    6. Permit Bayan’s staff and/or authorized agents at all reasonable times to enter its premises and every other place under its control through or over which any part of the equipment, or wire accessories pass or to which any part of the equipment, or wire or accessories is/are fixed for the purpose of inspecting, testing, examining, or altering Bayan’s equipment and/or ability to deliver the Services;
    7. Ensure that it shall not allow the telephone, telephone line and/or modem to be tapped, operated through a remote station, or messages transmitted therein to be in violation of existing law except by an answering machine which duly notifies the caller of the fact that the message is recorded.
    8. Company shall not cause or allow the extension of such telephone lines except with the prior written consent of Bayan, not allow Bayan’s telephone lines to be connected to a PABX without prior consultation with and written approval of Bayan;
    9. Exercise full control and responsibility for the use of and for all telephone calls originating from the telephone unit and number assigned to the Company. Company therefore agrees and acknowledges that all telephone calls made from the unit and number assigned to him shall, absent concrete proof produce by the Company of any specific fraud perpetrated by Bayan on his telephone unit or line, be conclusively presumed to be his or authorized by him and his accountability and obligation to Bayan;
    10. Company shall obey all applicable laws relating to the Services and shall;
      1. abide by generally accepted standards of conducts and usage of Services;
      2. not engage in any other activity that threatens the integrity of any network system;
      3. ensure that his use of the Services does not improperly restrict, inhibit, or degrade any other Subscriber’s use of the Services nor represent an unusually large burden on the network itself as determined by Bayan upon its sole discretion or does not improperly restrict, inhibit, disrupt, degrade or impede Bayan’s ability to deliver and monitor the service, backbone, network nodes and/or other services;
      4. not provide Internet access to other third party through dial-up connection, host shell account over the Internet, provide e-mail or news service, or send a news feed;
      5. not engage in any activity that may constitute transmission of voice or telephone calls using Voice Over Internet Protocol (VOIP).
      6. For either user
        • Single User – Company shall also obtain Bayan’s prior written consent whenever he foresees possible expansion of subscribed network or when the circumstances warrants an update to a multi-user,
        • Multiple User – whenever Company foresees any possibility of expansion outside the defined and delineated multi-user covered premises. Company shall likewise obtain Bayan’s written consent for any possible upgrade.
        • Company shall provide true, correct and complete information as may be required by Bayan.
  12. Representations and Warranties
    1. Bayan shall endeavor to provide the Services reasonably in accordance with industry standards.
    2. Bayan does not warrant that the Services shall be interruption or error-free. The use of the Services, any information available and/or accessed to the Services and any security features provided for the Services shall be at Company’s sole risk. Bayan disclaims all warranties, either expressed or implied, including, without limitation, any warranties of merchantability or fitness for a particular purpose, or non-infringement.
    3. Bayan is not responsible for loss of data. The Services are not intended to be the sole back-up location for any data. Company is responsible for backing up his own data files to a location other than the Service. Company agrees that his Service comes with no warranty and is on an “AS IS” and “AS AVAILABLE” basis only. Company assumes all the risks associated with accepting the Services.
    4. Company represents and warrants that he has not represented to any third party that Bayan has made any warranty or representation of any kind with respect to the Services.
  13. Indemnification/Limitation of Liability
    1. Company shall defend and hold Bayan free and harmless from and against all claims, demands, actions, cause of action, judgment, cost and reasonable attorney’s fee and expenses of any nature for any damage of any kind arising from or related to any use of the Services whether such use was by Company or any party irrespective of whether Company has authorized or has known about such usage, or arising from any breach by Company of the terms and conditions of this Agreement, or otherwise arising under or related to this Agreement.
    2. In no event shall Bayan be liable for any unauthorized access by a third party to Company’s network or data resulting to Company’s loss of profits or data or any incidental, special, exemplary or consequential damage.
    3. Company acknowledges that the Services may be deactivated, suspended, disconnected, or interrupted due to various reasons or causes beyond Bayan’s control including but not limited to force majeure or acts of Gods, power and equipment failure or acts of omissions on the part of a third party. Accordingly, Bayan shall not be liable for any claim, liability, or damage whether direct, indirect, consequential or special, including but not limited to loss of opportunity, anticipated profits or other economic gains.
    4. Company shall be fully responsible for all claims and suits for damages to property or any injury or death to any person or persons resulting from the operation or malfunctioning of the equipment, his power supply or any other cause whatsoever, or failure or delay of Bayan’s system caused by such Company-supplied equipment, or for failure in establishing connection between the Company and other party or parties whatsoever because of such equipment.
    5. Bayan’s maximum liability for any damage arising out of or in any way related to this Agreement shall be limited to an amount equivalent the monthly service fee.
  14. Termination
    1. By the Company – The Company may terminate this Agreement by filling-up at Globe Broadband Payments and Service Centers a written notice of termination at least one (1) calendar week prior to the intended effectivity of such termination. However, if the Company chooses to terminate or cancel the Services before the expiration of the MPS, Company will be subject to Clause 7 of the SOA.
    2. By Bayan – Bayan reserves the right to terminate this Agreement and disconnect Service to the Company, without liability whatsoever to said Company, if;
      1. The charges, fees, costs, rentals, or any other moneys payable under this Agreement or any other agreement, including any agreement between the Company and another party whereby Bayan derives pecuniary or other benefit and/or acts as billing and/or collecting agent for such other party, are not paid;
      2. The Company has otherwise breached any of the terms herein contained or performs acts otherwise prejudicial to Bayan;
      3. The Company fails to make deposits when required;
      4. The Company shall be adjudged bankrupt, insolvent, or be subject to a petition for suspension of payments or receivership, or if he makes any composition or arrangements for the benefits of his creditors
      5. The Company has provided any particular or information which is incorrect, false or incomplete;
      6. The Company resells or uses the Services in violation of the existing laws or for an illegal purpose or the Company uses the Services to conduct service such as international simple resale (ISR), unauthorized audiotex or as part of a ringback, dialback or similar operation, or avails of ringback, dialback or similar services utilizing the telephone issued by Bayan, no matter how short, be it temporary or permanent, whether or not for value.
      7. Any law enforcement body objects to the provision of telephone and/or internet service to the Company or an enforcement body advises Bayan that the telephone and/or internet service provided by Bayan to the Company has been or is being used in violation of the law, or that it has reasonable ground to believe that such telephone and/or internet service will be used in violation of the law;
      8. The Company is engaged in any act which defrauds or tends to defraud Bayan, whether the same is punishable under law or not.
  15. Company’s Liability on Termination
    1. Company shall from the date the notice of termination of this Agreement is given, be responsible for the safe custody of all properties of Bayan until such time that they are collected by Bayan’s staff or authorized agents or surrendered by Company to Bayan’s staff or authorized agents. Company shall allow Bayan’s staff and authorized agents to enter his premises where the equipment is installed and to remove said Bayan properties.
  16. BYPASS
    1. Company shall use the Bayan facilities and/or Bayan services provided only for the purposes herein stated and shall not use the same to conduct any service such as callback, unauthorized audiotex, international simple resale (ISR), and other analogous services which are prohibited in the Philippines, or which operation or service constitutes a bypass defrauding Bayan and/or its interconnect partners the rightful access charges and other interconnect revenues.
    2. In the event that Company uses the Bayan facilities and services for any illegal or unauthorized service including but not limited to those enumerated above, Company shall immediately compensate Bayan upon demand an amount equivalent to the prevailing access and hauling charges or the appropriate revenue share (as agreed to be payable by Bayan pursuant to its Interconnection Agreement, or any amendment or renewal thereof with its Interconnect Partners) at the time the bypass was committed plus 50% of the total bypass compensation charges. Such bypass compensation shall be payable, without limitation, from the time the bypass activity was conducted by the Company until its discovery by Bayan and the complete payment thereof by the Company, and such bypass compensation shall be computed from the time the bypass occurred or was discovered, whichever is earlier, until actual cessation of bypass. Bayan shall likewise pass on, and Company agrees to accept and immediately pay, all other claims and damages by Bayan’s Interconnect Partners who may have been affected, directly or indirectly, by the unauthorized service.
    3. The foregoing notwithstanding, Bayan may, in the event of any violation of this provision and in addition to its right to demand bypass compensation, immediately and without need of notice to the Company, terminate this Agreement and disconnect or deactivate any of the interconnecting trunks or interconnection facilities for the purpose of severing the interconnection. Bayan shall not be liable to offending Company for any liability, loss or damage whatsoever, in such a case.
    4. The foregoing is without prejudice to any civil or criminal action that Bayan may have under the law or to Bayan’s claim for any and all damages that Bayan may suffer by virtue of any illegal and/or prejudicial acts of the Company and which Bayan is entitled to claim under the law and equity.
  17. Miscellaneous
    1. Abandonment of Location of telephone and/or Internet service – If the Company vacates the premises or when/if Bayan finds that the said premises is no longer occupied by the Company, Bayan reserves the right to summarily terminate the Services, without being liable to the Company in damages otherwise, and also without prejudice to Bayan’s other rights under this Agreement.
    2. Required Disclosure – Bayan shall respect and comply with any and all laws, orders of the courts of law, government or law enforcement agencies and regulatory authorities, requiring disclosures of information regarding the Company’s account. Company acknowledges and agrees that such disclosures may be made and that he has no cause of action in law or in equity against Bayan for such disclosures.
    3. Easement – If Bayan shall at any time be unable to obtain or maintain any license, way leave, permission, or easement necessary for the provision or maintenance of telephone and/or internet service, Bayan may, by notice in writing to that effect, terminate this Agreement effective as of the date of such notice, and the Company shall be entitled to no payment or compensation except a return of so much of the subscription as shall have been paid for a period in advance of the date of termination and the balance of any deposit standing in the books of Bayan to the credit of the Company, less the value of any charges, fees and rentals due to Bayan under this Agreement.
    4. Venue of Suits and Litigation Expenses – In the event of suit arising from or connected with this Agreement, venue shall be in Mandaluyong City, to the exclusion of all other venues. In case of suit, the Company shall in addition to the amount due and collectible, pay twenty-five (25%) of such amounts as damages and another twenty-five (25%) of such amounts by way of attorney’s fees and costs of suits.
    5. Taxes – All taxes such as Value Added Tax presently imposed by the Government on the Service, usage charges and other fees as well as those taxes which the Government may impose hereon and in the future shall be for the account of the Company.
    6. Separability – If any provision of this Agreement or the application thereof to any situation or circumstances shall be invalid or unenforceable, the remained of this Agreement shall not be affected, and each remaining provision shall be valid and enforceable to the fullest extent.
    7. Notices – Any notice demand, request, or other communication under this Agreement shall be in writing and shall be deemed to have been duly given or made: (a) if made by hand delivery, when delivered; (b) if sent by mail, seven (7) days after being deposited in the post office, postage prepaid; and (c) if sent by facsimile receiver at proper number of a party hereto as specified below, when receipt is acknowledged, addressed as follows: 

      Innove Communications, Inc.
      15/F Globe Telecom Valero Telepark
      111 Valero St., Salcedo Village, Makati City
      Email Address: mybusinessCARE@globe.com.ph
      Monday to Friday 8:00 AM to 8:00 PM

      Hotline Tel.: (632)730-1288
      Monday to Sunday 8:00 AM to 8:00 PM
    8. Amendments to this Agreement - Bayan reserves the right, in its sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of the change. In the event of any such change, Bayan will post it in its website. Subscriber should frequently visit Bayan's page to monitor any changes. Subscriber's continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.

This Agreement governs the terms and conditions of provision of fixed line telephone and/or internet service and/or Value Added Services (the Services) to the Company. This Agreement embodies all the agreements and representations. BAYAN TELECOMMUNICATIONS, (“Bayan” a member of the Globe group of companies) reserves the right to adjust, modify or amend these terms and conditions as the needs of the Services may require, with due notice to Company.

  1. Term of Agreement – this Agreement shall be effective for the agreed Minimum Subscription Period (“MSP”) stated in the application form from activation date unless otherwise stated in the promo offer. Upon the lapse of the MSP, this Agreement shall be deemed automatically renewed and shall continue on a month-to-month basis until terminated by notice in accordance with the provisions of this Agreement.
  2. Coverage Agreement – This Agreement shall cover Services as described in Service Order Agreement (“SOA”).

In case of special promotions, a separate document setting forth the terms and conditions of such special promotion may supersede or supplement this Agreement.

  1. Application for Service
    1. Bayan shall process Company’s application for Services only if he signs the application form and attaches all of the required documents for credit evaluation.
    2. Approval of applications shall be at Bayan’s sole discretion. Bayan reserves the right to disapprove any application based on the required documents submitted. Bayan shall not be required to give any reason for disapproving any application. Company acknowledges that he has no action for the disapproval of his application.
  2. Installation/Activation
    1. Prior to the installation of service, the applicant shall pay the installation and connection charges itemized in the SOA provided by Bayan to the Company.
    2. Line and service activation shall take place on a specific date determined by Bayan after the installation shall have been completed and tested.
  3. Rates and Charges; Deposit
    1. Monthly Rates – Bayan shall charge the Company for his usage of the Services in accordance with the rates approved by the National Telecommunications Commission (NTC) and as indicated in the SOA. Billing shall commence upon activation of the Service. In the event of any adjustment in rates, Bayan shall charge the Company the adjusted rate upon the effectivity of the order of the NTC approving the same.
    2. Deposits – Please refer to the respective Service Order of the subscribed Service.
  4. Billing and Payments
    1. Due Dates – Company shall promptly pay all charges, fees, costs, rentals or such other sums due as reflected in the official bill of Bayan on or before the due date specified therein without need of any demand.
    2. Place of Payment
      1. All payments of bills which are not overdue shall be made to Bayan at its Globe Broadband Payments and Services Centers or through such other agents as shall be authorized by Bayan. Bayan shall not be bound to honor payments made to persons or entities or at places not authorized by Bayan.
      2. Settlement of bills which are overdue shall be made only at Globe Broadband Payments and Service Center in full and under such terms and conditions as Bayan may impose. Bayan’s legal right and cause of action related to the collection of the entirety of such sums, penalties and other damages which the delayed payment shall have caused shall not be affected by payment, whether in full or in part, of the bill.
      3. Bayan shall send billing statements to Company’s billing address as indicated in the application form. The Company shall inform Bayan in advance and in writing of any change in the Company’s billing address. Bayan shall not be responsible for the consequences of the Company’s inability to receive bills and make payments resulting from the Company’s failure to timely notify Bayan of any change in address.
    3. Penalty Interest. In the event of failure by the Company to pay on or before the due date specified in the billing invoice, legal rate of interest shall be imposed on all overdue amounts, without prejudice to Bayan’s right to pursue any other legal action which Bayan may deem necessary to protect its interest.
    4. Application of Payment. All payments shall be applied first to the penalty interest, then billings in arrears and the balance if any, to the current obligation. Any excess epayment in respect of one billing may be used by Bayan to offset outstanding charges, fees, costs, rentals or any other sum due in another bill of the Company or credit it to the next month’s bill.
    5. All complaints or questions on billings shall be made by way of a written complaint and duly filed by Company or its authorized representative at the Globe Broadband Payments and Service Center. Such complaints shall be filed within ten (10) days from receipt of the questioned billings; otherwise, the billing shall be deemed accepted, final and conclusive against the Company.
    6. Bayan reserves the right to suspend or disconnect the Services after notice is given to the Company should the latter fail to pay all sums that are due Bayan under this Agreement. Reconnection shall be at the sole discretion of Bayan and shall be subject to such terms and conditions as may be imposed by Bayan, including the payment of reconnection fee.
  5. Credit Limit
    1. The Company shall be assigned a credit limit, which limit shall include a limit on usage for both domestic and international telephone service usage and/or internet package and/or Value Added Services when applicable. Bayan may render an interim billing even before the billing cycle, in the event the Company exceeds its credit limit. Should the Company fail to make payment within forty-eight (48) hours from receipt of the interim bill, or should Bayan be unable to serve the interim bill on the Company because the Company is unreachable at the billing address which the Company has last registered with Bayan, then Bayan may re-direct the Services until payment is made by the Company and his available credit limit is restored.
    2. Bayan reserves the right to refuse any request for increase in the credit limit or to require as a condition for increased credit limit, additional deposit or revised billing cycle.
  6. Services Modifications and Adjustments

    Bayan shall charge the applicable administrative fees to cover internal processing of requests for Service Modifications initiated and requested by Company, including but not limited to, transfer of ownership, change of telephone number, increase/reduction/modification of the Services, reconnection, and other modifications related to the Services. Bayan shall inform the Company of the applicable administrative fees prior to executing the service Modification.
  7. Special Facilities and Installations; Alterations to Existing Services
    1. In the event of additional wiring, cabling and trunking where the nature of Service to be provided to the Company requires the installation of wiring, conduits, cabling or other service equipment not ordinarily provided to single-line residential subscribers, or where the premises in which the Company is located wishes to locate his telephone requires cabling, wiring or other services not provided in the standard installation package of Bayan, Bayan’s staff and/or authorized agents shall decide on the route of wiring and cabling in the Company’s premises, and Bayan shall not be obliged to utilize trunking or conduits provided by the Company. Bayan and the Company shall agree on the shouldering of the cost for such additional installation as a pre-requisite to the commencement of installation.
    2. In the provision of PABX and other electronic telephone traffic handling facilities, or other equipments related to the telephone services which are dependent on an external power supply. Bayan may, if it deems the same necessary request the Company to provide at his own expense the main power supply for the equipment connected to the telephone line in accordance with Bayan’s requirements.
    3. If in the opinion of Bayan the Company’s existing are inadequate to cope with this telephone traffic and/or likely to cause congestion in Bayan’s telephone network. Bayan shall advise and the Company shall promptly comply with such advice to upgrade the existing facilities to cope with such telephone traffic, at the Company’s own expense.
    4. Bayan reserves the right to decline to provide the Services when installation and/or maintenance difficulties are anticipated without the provision of special facilities or power supply until such time that the Company provides the cabling (such as conduit, pipe, etc.) requested by Bayan or Bayan is able to provide the same and the Company and Bayan shall have agreed on an arrangement for shouldering the costs thereof.
    5. Bayan may, with prior written notice to the Company and without charging the Company any fees, make any alteration to its Services, if Bayan considers such as necessary and desirable in the interest of public service. Bayan shall not be liable for any loss or inconvenience to the Company resulting there from. Similarly, Bayan shall not be liable for any damage, whether direct or indirect, actual or consequential, or otherwise, for any interruption or failure in service due to causes beyond the control of Bayan. Bayan shall not be liable to the Company or to any third party claiming from or through the Company for any damage, loss or injury, to persons or properties however arising occasioned by the equipment or any part thereof.
    6. Bayan reserves the right to terminate the Service at premises which are unauthorized and unsafe.
  8. Customer Premises Equipment and Internal Wiring
    1. The Company shall provide his own internal facilities such as wiring and sockets within the premises according to Bayan’s specifications and guidelines based on NTC’s Code of Practice. The Company may request Bayan or any of the NTC’s registered contractors/individual installer to provide the internal wiring and sockets at the Company’s expense.
    2. Only type-approved telephone and/or internet equipment shall be permitted for connection to Bayan’s network. The Company shall ensure that Bayan’s prior written permission is obtained before connection of other type-approved equipment to Bayan’s network. Type- approved telephones and/or internet equipment refer to those equipment supplied by the holder of Bayan’s Type Approval Certificate or his appointed agent(s).
    3. The Company shall ensure that the equipment is installed, maintained and operated in a proper manner so that no interference is cause to Bayan’s service and network and the safety of Bayan’s staff or authorized agents and the public are not endangered. Bayan shall not be responsible for ensuring the compatibility of other equipment that Company may decide to connect to Bayan’s provided equipment.
    4. The Company shall not make any adjustments, modifications or alterations to the equipment including the incorporation of any equipment accessory without prior written approval of Bayan and if, in the opinion of Bayan, alterations or additions to the equipment are deemed necessary, Bayan shall direct and the Company shall at its own expense carry out such alterations, modifications or additions.
    5. The Company shall strictly comply with and ensure compliance with all instructions/notices given by Bayan or NTC from time to time regarding the use and installation of the equipment. The Company shall undertake to promptly disconnect the Company owned equipment and wiring not provided by Bayan from the telephone network if requested by Bayan to do so at any time.
    6. Bayan may charge the Company for the cost of responding to a maintenance request at the Company’s premises if it is ascertained that the cause of the problem is attributable to the Company’s equipment and internal wiring.
    7. The Company is responsible in keeping the telephone and/or modem equipment in good condition, fair wear and expected. The Company shall exercise all due diligence to maintain the telephone and modem units and other equipment, if any, provided by Bayan or its authorized agents, including cleanliness and protection of the same from pests, insects and rodents. Company shall promptly report to Bayan any damage or malfunction of any telephone and/or modem unit or other equipment, if any. Company shall not attempt to make any repairs on any telephone and/or modem or any of the equipment provide by Bayan. Bayan shall not be responsible for any damage to the telephone and/or modem units, or for the voiding of warranties on repair in the case of units acquired by the Company through outright purchase, which may be caused by Company’s own attempt at repairing or causing the repair of such damage to wiring or sockets by persons unauthorized by Bayan.
    8. Bayan shall not be liable for any delay or interruption in or failure to provide or restore the Services caused by or attributable to Company’s equipment and facilities or any service provided by another person or entity.
  9. Telephone Numbers

    Telephone numbers are randomly assigned by Bayan in accordance with the numbering plan assigned by the NTC and the Company has no property right to the telephone number assigned to him. Bayan reserves the right to alter and/or allocate any telephone number of, or to the Company at any time without being liable for any loss or inconvenience attributable to the change/ allocation of the telephone number whatever may be the cause for the change/ allocation.
  10. Assignment or Transfer of Ownership or Rights:

    Transfer of Location of Telephone and/or Internet Service
    1. Company shall not, without Bayan’s prior written consent and the filling up of appropriate service modification request with Bayan, assign this Agreement or any right, interest or benefir herein, transfer or cause the transfer of the location of the telephone and/or modem, sub-lease the premises in which the telephone and/or modem is located, mortgage or hypothecate the telephone and/or modem or allow any person to share in the use and benefits of the Services or of this Agreement, whether for consideration or not.
    2. In the event Bayan discovers that Company has caused any of the foregoing without Bayan’s prior written consent, Bayan reserves the right to immediately terminate the Services without any obligation whatsoever to provide service to the transferee or mortgagee, or honor any agreement between the transferor and the transferee, or to impose such terms and conditions as it may deem fit, including the terms and conditions of this Agreement, for the reconnection or continuation of the Services to the transferee.
    3. Company shall continue to be liable for all charges for the use of the Services until he has personally notified Bayan and Bayan has approved such transfer or alternative arrangement. Company shall indemnify Bayan for all sums for which it may be liable arising from its refusal to render service to the authorized transferee.
    4. Furthermore, in the event Bayan opts not to execute a new agreement with the transferee, Company shall indemnify Bayan against all expenses incurred in respect of removing any wires or posts used solely for the Services.
  11. Responsibility of Company
    1. Ensure that the telephone service shall not be used at any time to make calls which may cause or may cause irritation, annoyance, embarrassment, harassment, vexation or nuisance of any kind whatsoever to others;
    2. Use all telephone and/or modem equipment and instruments installed by Bayan on the Company’s premises in a proper manner;
    3. Obtain the written approval of Bayan whenever he contemplates using the telephone Services as part of another telecommunications service, or as medium for promotion, publicity for any campaign for whatever purpose, of whatever nature, by whatever name called which is likely to generate a change in the telephone traffic in excess of his normal daily usage of the service, and/or likely to cause congestion in Bayan’s telephone network;
    4. Keep equipment provided by Bayan, if any, in good condition (fair wear and tear only excepted) and be fully responsible for any loss or damage to Bayan’s equipment in his premises whether the same be caused by fire, theft, vandalism, accident, fault or negligence by the Company or other persons or otherwise. The cost of the repair rendered necessary thereby or the cost of replacement of lost equipment shall be paid for by the Company.
    5. Promptly report to Bayan any problem with or damage to his fixed access unit, telephone and/or modem or telephone and/or internet line and any circumstance or any act of other persons which may or which the Company has reason to believe will cause damage to the telephone and/or internet lines or other instruments or equipment of Bayan;
    6. Permit Bayan’s staff and/or authorized agents at all reasonable times to enter its premises and every other place under its control through or over which any part of the equipment, or wire accessories pass or to which any part of the equipment, or wire or accessories is/are fixed for the purpose of inspecting, testing, examining, or altering Bayan’s equipment and/or ability to deliver the Services;
    7. Ensure that it shall not allow the telephone, telephone line and/or modem to be tapped, operated through a remote station, or messages transmitted therein to be in violation of existing law except by an answering machine which duly notifies the caller of the fact that the message is recorded.
    8. Company shall not cause or allow the extension of such telephone lines except with the prior written consent of Bayan, not allow Bayan’s telephone lines to be connected to a PABX without prior consultation with and written approval of Bayan;
    9. Exercise full control and responsibility for the use of and for all telephone calls originating from the telephone unit and number assigned to the Company. Company therefore agrees and acknowledges that all telephone calls made from the unit and number assigned to him shall, absent concrete proof produce by the Company of any specific fraud perpetrated by Bayan on his telephone unit or line, be conclusively presumed to be his or authorized by him and his accountability and obligation to Bayan;
    10. Company shall obey all applicable laws relating to the Services and shall;
      1. abide by generally accepted standards of conducts and usage of Services;
      2. not engage in any other activity that threatens the integrity of any network system;
      3. ensure that his use of the Services does not improperly restrict, inhibit, or degrade any other Subscriber’s use of the Services nor represent an unusually large burden on the network itself as determined by Bayan upon its sole discretion or does not improperly restrict, inhibit, disrupt, degrade or impede Bayan’s ability to deliver and monitor the service, backbone, network nodes and/or other services;
      4. not provide Internet access to other third party through dial-up connection, host shell account over the Internet, provide e-mail or news service, or send a news feed;
      5. not engage in any activity that may constitute transmission of voice or telephone calls using Voice Over Internet Protocol (VOIP).
      6. For either user
        • Single User – Company shall also obtain Bayan’s prior written consent whenever he foresees possible expansion of subscribed network or when the circumstances warrants an update to a multi-user,
        • Multiple User – whenever Company foresees any possibility of expansion outside the defined and delineated multi-user covered premises. Company shall likewise obtain Bayan’s written consent for any possible upgrade.
        • Company shall provide true, correct and complete information as may be required by Bayan.
  12. Representations and Warranties
    1. Bayan shall endeavor to provide the Services reasonably in accordance with industry standards.
    2. Bayan does not warrant that the Services shall be interruption or error-free. The use of the Services, any information available and/or accessed to the Services and any security features provided for the Services shall be at Company’s sole risk. Bayan disclaims all warranties, either expressed or implied, including, without limitation, any warranties of merchantability or fitness for a particular purpose, or non-infringement.
    3. Bayan is not responsible for loss of data. The Services are not intended to be the sole back-up location for any data. Company is responsible for backing up his own data files to a location other than the Service. Company agrees that his Service comes with no warranty and is on an “AS IS” and “AS AVAILABLE” basis only. Company assumes all the risks associated with accepting the Services.
    4. Company represents and warrants that he has not represented to any third party that Bayan has made any warranty or representation of any kind with respect to the Services.
  13. Indemnification/Limitation of Liability
    1. Company shall defend and hold Bayan free and harmless from and against all claims, demands, actions, cause of action, judgment, cost and reasonable attorney’s fee and expenses of any nature for any damage of any kind arising from or related to any use of the Services whether such use was by Company or any party irrespective of whether Company has authorized or has known about such usage, or arising from any breach by Company of the terms and conditions of this Agreement, or otherwise arising under or related to this Agreement.
    2. In no event shall Bayan be liable for any unauthorized access by a third party to Company’s network or data resulting to Company’s loss of profits or data or any incidental, special, exemplary or consequential damage.
    3. Company acknowledges that the Services may be deactivated, suspended, disconnected, or interrupted due to various reasons or causes beyond Bayan’s control including but not limited to force majeure or acts of Gods, power and equipment failure or acts of omissions on the part of a third party. Accordingly, Bayan shall not be liable for any claim, liability, or damage whether direct, indirect, consequential or special, including but not limited to loss of opportunity, anticipated profits or other economic gains.
    4. Company shall be fully responsible for all claims and suits for damages to property or any injury or death to any person or persons resulting from the operation or malfunctioning of the equipment, his power supply or any other cause whatsoever, or failure or delay of Bayan’s system caused by such Company-supplied equipment, or for failure in establishing connection between the Company and other party or parties whatsoever because of such equipment.
    5. Bayan’s maximum liability for any damage arising out of or in any way related to this Agreement shall be limited to an amount equivalent the monthly service fee.
  14. Termination
    1. By the Company – The Company may terminate this Agreement by filling-up at Globe Broadband Payments and Service Centers a written notice of termination at least one (1) calendar week prior to the intended effectivity of such termination. However, if the Company chooses to terminate or cancel the Services before the expiration of the MPS, Company will be subject to Clause 7 of the SOA.
    2. By Bayan – Bayan reserves the right to terminate this Agreement and disconnect Service to the Company, without liability whatsoever to said Company, if;
      1. The charges, fees, costs, rentals, or any other moneys payable under this Agreement or any other agreement, including any agreement between the Company and another party whereby Bayan derives pecuniary or other benefit and/or acts as billing and/or collecting agent for such other party, are not paid;
      2. The Company has otherwise breached any of the terms herein contained or performs acts otherwise prejudicial to Bayan;
      3. The Company fails to make deposits when required;
      4. The Company shall be adjudged bankrupt, insolvent, or be subject to a petition for suspension of payments or receivership, or if he makes any composition or arrangements for the benefits of his creditors
      5. The Company has provided any particular or information which is incorrect, false or incomplete;
      6. The Company resells or uses the Services in violation of the existing laws or for an illegal purpose or the Company uses the Services to conduct service such as international simple resale (ISR), unauthorized audiotex or as part of a ringback, dialback or similar operation, or avails of ringback, dialback or similar services utilizing the telephone issued by Bayan, no matter how short, be it temporary or permanent, whether or not for value.
      7. Any law enforcement body objects to the provision of telephone and/or internet service to the Company or an enforcement body advises Bayan that the telephone and/or internet service provided by Bayan to the Company has been or is being used in violation of the law, or that it has reasonable ground to believe that such telephone and/or internet service will be used in violation of the law;
      8. The Company is engaged in any act which defrauds or tends to defraud Bayan, whether the same is punishable under law or not.
  15. Company’s Liability on Termination
    1. Company shall from the date the notice of termination of this Agreement is given, be responsible for the safe custody of all properties of Bayan until such time that they are collected by Bayan’s staff or authorized agents or surrendered by Company to Bayan’s staff or authorized agents. Company shall allow Bayan’s staff and authorized agents to enter his premises where the equipment is installed and to remove said Bayan properties.
  16. BYPASS
    1. Company shall use the Bayan facilities and/or Bayan services provided only for the purposes herein stated and shall not use the same to conduct any service such as callback, unauthorized audiotex, international simple resale (ISR), and other analogous services which are prohibited in the Philippines, or which operation or service constitutes a bypass defrauding Bayan and/or its interconnect partners the rightful access charges and other interconnect revenues.
    2. In the event that Company uses the Bayan facilities and services for any illegal or unauthorized service including but not limited to those enumerated above, Company shall immediately compensate Bayan upon demand an amount equivalent to the prevailing access and hauling charges or the appropriate revenue share (as agreed to be payable by Bayan pursuant to its Interconnection Agreement, or any amendment or renewal thereof with its Interconnect Partners) at the time the bypass was committed plus 50% of the total bypass compensation charges. Such bypass compensation shall be payable, without limitation, from the time the bypass activity was conducted by the Company until its discovery by Bayan and the complete payment thereof by the Company, and such bypass compensation shall be computed from the time the bypass occurred or was discovered, whichever is earlier, until actual cessation of bypass. Bayan shall likewise pass on, and Company agrees to accept and immediately pay, all other claims and damages by Bayan’s Interconnect Partners who may have been affected, directly or indirectly, by the unauthorized service.
    3. The foregoing notwithstanding, Bayan may, in the event of any violation of this provision and in addition to its right to demand bypass compensation, immediately and without need of notice to the Company, terminate this Agreement and disconnect or deactivate any of the interconnecting trunks or interconnection facilities for the purpose of severing the interconnection. Bayan shall not be liable to offending Company for any liability, loss or damage whatsoever, in such a case.
    4. The foregoing is without prejudice to any civil or criminal action that Bayan may have under the law or to Bayan’s claim for any and all damages that Bayan may suffer by virtue of any illegal and/or prejudicial acts of the Company and which Bayan is entitled to claim under the law and equity.
  17. Miscellaneous
    1. Abandonment of Location of telephone and/or Internet service – If the Company vacates the premises or when/if Bayan finds that the said premises is no longer occupied by the Company, Bayan reserves the right to summarily terminate the Services, without being liable to the Company in damages otherwise, and also without prejudice to Bayan’s other rights under this Agreement.
    2. Required Disclosure – Bayan shall respect and comply with any and all laws, orders of the courts of law, government or law enforcement agencies and regulatory authorities, requiring disclosures of information regarding the Company’s account. Company acknowledges and agrees that such disclosures may be made and that he has no cause of action in law or in equity against Bayan for such disclosures.
    3. Easement – If Bayan shall at any time be unable to obtain or maintain any license, way leave, permission, or easement necessary for the provision or maintenance of telephone and/or internet service, Bayan may, by notice in writing to that effect, terminate this Agreement effective as of the date of such notice, and the Company shall be entitled to no payment or compensation except a return of so much of the subscription as shall have been paid for a period in advance of the date of termination and the balance of any deposit standing in the books of Bayan to the credit of the Company, less the value of any charges, fees and rentals due to Bayan under this Agreement.
    4. Venue of Suits and Litigation Expenses – In the event of suit arising from or connected with this Agreement, venue shall be in Mandaluyong City, to the exclusion of all other venues. In case of suit, the Company shall in addition to the amount due and collectible, pay twenty-five (25%) of such amounts as damages and another twenty-five (25%) of such amounts by way of attorney’s fees and costs of suits.
    5. Taxes – All taxes such as Value Added Tax presently imposed by the Government on the Service, usage charges and other fees as well as those taxes which the Government may impose hereon and in the future shall be for the account of the Company.
    6. Separability – If any provision of this Agreement or the application thereof to any situation or circumstances shall be invalid or unenforceable, the remained of this Agreement shall not be affected, and each remaining provision shall be valid and enforceable to the fullest extent.
    7. Notices – Any notice demand, request, or other communication under this Agreement shall be in writing and shall be deemed to have been duly given or made: (a) if made by hand delivery, when delivered; (b) if sent by mail, seven (7) days after being deposited in the post office, postage prepaid; and (c) if sent by facsimile receiver at proper number of a party hereto as specified below, when receipt is acknowledged, addressed as follows: 

      Innove Communications, Inc.
      15/F Globe Telecom Valero Telepark
      111 Valero St., Salcedo Village, Makati City
      Email Address: mybusinessCARE@globe.com.ph
      Monday to Friday 8:00 AM to 8:00 PM

      Hotline Tel.: (632)730-1288
      Monday to Sunday 8:00 AM to 8:00 PM
    8. Amendments to this Agreement - Bayan reserves the right, in its sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of the change. In the event of any such change, Bayan will post it in its website. Subscriber should frequently visit Bayan's page to monitor any changes. Subscriber's continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.

Acceptance User Policy (AUP) and Fair Usage Policy (FUP)

INTRODUCTION

The Acceptable Use Policy (“AUP”) is designed to provide an understanding of the rules, limitations and restrictions regarding the use of Bayan’s services by the Company. References to “you" and “your” are references to you, the Company. This AUP supplements Bayan’s Service Agreement (“SA”). From time to time Bayan may impose reasonable rules and limitations regarding the use of its Services. The AUP is not exhaustive and Bayan reserves the right to modify the AUP at any time, effective upon either the posting of the modified AUP at http://www.mybusiness.globe.com.ph/MSA or notification of the modified AUP to you.

By registering for and using the services, and thereby accepting the terms and conditions of the Terms of the Service Agreement (published at http://www.mybusiness.globe.com.ph/msa) or its equivalent, you agree to abide by the AUP as modified from time to time. You agree that you shall only use the Service for the following:

  1. Personal or Business Use
  2. Use that is within the bounds of the laws and any rules and regulations of any government agencies for the use of the Service
  3. Use that does not in any way violate, impinge, interfere with the rights or affect the use by other users of the network.

Any violation of the AUP, direct and indirect, by you or by a third party on your behalf, may result in the suspension or termination of your account or such other action as Bayan deems appropriate. An unlisted activity may also be a violation of the AUP if it is illegal, irresponsible, or disruptive use of the internet. No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM BAYAN. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. CONTENT INCLUDES, WITHOUT LIMITATION, YOUR ELECTRONIC MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS BAYAN’S POLICY TO TERMINATE REPEAT INFRINGERS, BAYAN RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

Customer Security Responsibilities

You are solely responsible for any breaches of security affecting servers under customer control. If your server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, you are responsible for the cost to rectify the damage done to your server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and Bayan reserves the right to charge all costs related to rectifying the damage. Inquiries regarding security matters may be directed tomybusinessCARE@globe.com.ph.

System and Network Security Violations of system or network security are prohibited, and may result in criminal or civil liability. Bayan may investigate incidents involving such violations and may involve and could mean cooperation with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

  • - Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
  • - Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
  • - Interference with service to any user, host or network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
  • - Forging of any TCP-IP packet header or any part of the header information in an e-mail or newsgroup posting.

High-risk services, which are services which tends to attract denial of service attacks, are strictly prohibited. This includes, but is not limited to, Internet Relay Chat (“IRC”) related services and selling of shell accounts.

Violators of the policy are responsible, without limitations, for the cost incurred by Bayan to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints including but not limited to labor costs. Such labor is categorized as emergency security breach recovery and Bayan reserves the right to change all costs related to rectifying the damage. Inquiries regarding security matters may be directed to mybusinessCARE@globe.com.ph. Bayan is concerned with the privacy of online communications and web sites. In general, the internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Bayan urges you to assume that all of your online communications are not secure, and we encourage you to make use of the following tools including but not limited to: 

  • - anti-virus software;
  • - appropriate software and/or hardware firewalls;
  • - privacy protection tools

Bayan cannot take responsibility for the security of information transmitted over Bayan facilities.

Password Protection

You are responsible for protecting your password and for any authorized and unauthorized use of your password. You will not use or permit anyone to use Bayan Service or to access other systems or networks without authorization. Bayan will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Internet Etiquette

You are expected to be familiar with and to practice good internet etiquette (Netiquette) as stated in this AUP. You will comply with the rules, appropriate to any network to which Bayan may provide access. You will not post, transmit, or permit Internet access to information you desire to keep confidential. You are not permitted to post any material that is illegal, libelous and/or tortuous, indecent or is likely to result in retaliation against Bayan by offended users. You are not allowed to post any material that will result to rebellion, insurrection, coup d’ etat, sedition, conspiracy to commit sedition or inciting to sedition.

Bayan reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

Copyright Infringement – Software Piracy Policy

The Bayan network may only be used for lawful purposes. Transmission, distribution or storage of any information, data or material in violation of the law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law, regardless how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating copyright law. If caught with pirated software, you may be liable under both civil and criminal law, and you may be fined and/or imprisoned. In compliance with the laws relating to Intellectual Property, please send notifications of claimed infringements to mybusinessCARE@globe.com.ph. Bayan will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Network Responsibility

You have a responsibility to use the Bayan network responsibly. This includes respecting the other subscribers of Bayan. Bayan reserves the right to suspend and/or cancel service of any subscriber who uses the Bayan network in such a way that adversely affects other Bayan network subscribers. This includes but is not limited to:

Attacking or attempting to gain unauthorized access to servers and services that belong to Bayan or its subscribers (i.e. computer hacking), and/or participating in behavior which result in reprisals that adversely affect the Bayan network or other subscribers access to the Bayan network.

Bayan will react strongly to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include, but are not limited to “Internet Scanning” (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of the accounts or computer by a Bayan subscriber, whether or not the attacked account or computer belongs to Bayan, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server or subscriber of Bayan is strictly prohibited.

Lawful Purpose

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation or AUP is prohibited. This includes, but is not limited to:

  • - copyrighted material; and/or
  • - material protected by trade secret and other and other statute; and/or
  • - dissemination of harmful or fraudulent content

Using any Bayan service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under the applicable law is prohibited.

Any conduct that constitutes harassment, fraud, stalking, abuse, spamming, the spread of viruses, or denial of service attacks in connection with use of Bayan services or products is prohibited. Using the Bayan network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

Servers hosted within Bayan network are open to the public. You are solely responsible for your usage of the Bayan network and servers and any statement you make on servers hosted within the Bayan network may be deemed “publication” of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in a manner that is illegal or libelous.

Pornography on the Internet

Our policy on pornography is zero tolerance, Bayan will cooperate fully with any criminal investigation into a subscriber’s violation of the Child Protection Act of 1984 concerning child pornography and the other laws on pornography. You are ultimately responsible for the actions of your clients over the Bayan network, and will be liable for illegal material posted by your clients.

According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ on the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Commercial Advertisements with E-mail 

Bayan takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. This means that a subscriber of Bayan may not use or permit others to use Bayan’s network to transact in UCE. You may not host or permit hosting of sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Sending unsolicited messages to a number of recipients is by itself spamming, unless the individuals have specifically requested to be added to a mailing on the topic. This includes commercial advertisements and informational messages sent to recipients via electronic mail (e-mail) as well as off-topic messages posted in Usenet discussion groups where the recipients has not requested or invited the message. Mailing lists must be true opt-in mailing lists. Before sending any e-mail to listed user, a confirmation e-mail, with a tracking number, must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. You must keep these confirmations on file, so that in the case that a spam complaint is made against you, you have proof that the user did indeed opt-in. In addition, you must provide at least one easy way to opt-out. Opt-out requests must be honored immediately.

E-mail is a Person-to-Person Medium, Not a Broadcast Medium

You are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Subscribers are ultimately responsible for the actions of their clients over the Bayan network, it is advisable to develop a similar or stricter policy for your clients.

Violation of Bayan’s SPAM policy as contained in this Agreement will result in appropriate legal action. Upon notification of an alleged violation of the SPAM policy, Bayan will initiate an immediate investigation (within 48 hours of notification). During the investigation, Bayan may restrict your access to the network to prevent further violation of the SPAM policy. Bayan may, at its sole discretion, restrict, suspend or terminate your account. Further, Bayan reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Bayan will notify law enforcement officials if the violation is believed to be a criminal offence.

Violation if Bayan SPAM policy may be reported to mybusinessCARE@globe.com.ph.

IP Address Overlap

Bayan administers the network on which your servers reside. You cannot use IP addresses which have not been assigned to you by Bayan staff. Any server found using IPs that have not been assigned will be suspended from network access until such time as the IP address overlap can be connected.

IRC POLICY

Bayan does not allow use of IRC Servers on the Bayan network without written authorization. This includes but is not limited to the use of server software, bits or the like. Violators’ servers will be suspended.

Billing

You understand that you are responsible for paying for any network resources that are used to connect your service to the Internet. You may request that your server be disconnected from the Internet, but you will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

Suspension

Bayan reserves the right to suspend network access to you if, in the judgment of the Bayan network administrators, your server is the source or target of the violation of any of the other terms of the AUP or for other analogous grounds which in Bayan’s reasonable judgment are violations of the terms of the AUP. If inappropriate activity is detected, all your accounts in question will be deactivated until an investigation is complete. Prior notification to you under these circumstances is no assured. In extreme cases, law enforcement will be contacted regarding the activity. You will not be credited for the time the customers’ machines had to be suspended. You will be credited on a prorated basis based on the monthly fees you pay for the servers that suspended for the time your machines had to be suspended.

Cancellation

Bayan reserves the right to cancel service at any time. If inappropriate activity is detected, all your accounts in question will be deactivated until an investigation is complete. Prior notification to you under these circumstances is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation are non-refundable if Bayan institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to you (i.e. transfer, space, etc.).

Indemnification

Bayan wishes to emphasize that in signing the Bayan Terms and Conditions Agreement, or its equivalent, you will indemnify Bayan for any violation of Bayan terms and conditions agreement, law or AUP that results in loss to Bayan or the bringing of any claim against Bayan by any third party. This means that if Bayan is sued because of your or your customer’s activity, you will pay any damages awarded against Bayan, plus costs and reasonable attorney’s fee.

Acceptable Use – Broadband Services

You must not use the service in manner which interferes with the rights of the other users or which breaches Internet Etiquette as likewise enumerated herein.

Among others, you must not:

  • - disobey the rules of any newsgroup, forum, e-mail mailing list or other similar group
  • - post the same or similar messages to more than one USENET newsgroups (including excessive cross-posting or multiple-posting, also known as “SPAM”)

Unauthorized Access 

You must not use the service to obtain unauthorized access to computer, system or network.

If you do not have authorization, you must not:

  • - access or use any data, systems or networks
  • - probe, scan or test the vulnerability of a system or network
  • - breach any security or authentication measures for a system or network
  • - attempt to gain access to the account of any other user or system or network.

Unlawfully accessing or damaging data in a computer is not only a breach of the Acceptable Use Policy, it is also a criminal offense punishable by fine imprisonment or both according to law.

You must not use the service in manner which may interfere with the technical operation of the service or any other computer, system or network.

You must not attempt to interfere with the regular workings of the Bayan systems or network connections or the Bayan or its upstreams or any other network. The Bayan may override any attempt by you to specify a particular traffic routing pattern.

You must not impair the ability of other people to use the Bayan systems or the Internet or any other connected networks. You must not use the service as a staging ground to disable or interfere with other systems, for example DoS/DDoS attacks, Port Scans, etc. You must not use IRC (or other “chat” networks) bots or clone-bots on the service. An IRC bot is a program that runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.

Legal Material

In using the service, you must not break any laws or infringe the rights of other persons.

For example, you must not:

  • - distribute or make available any abusive, obscene, defamatory or pornographic material
  • - distribute or make available any material which would be classified R or X (or refused classification) by the Classification Board or banned under the laws of the Republic of the Philippines
  • - copy or attempt to copy any material if you do not have the owner’s permission to do so.

Detection/Co-operation

To detect and deal with the breaches of the AUP, Bayan may take the following actions:

  • - Co-operate with the other service providers to control unacceptable user behavior,
  • - Co-operate with the Police (state or federal), or other law enforcement or intelligent agencies of the Republic of the Philippines, by providing the details and related data (i.e., log files) of users who are suspected of breaking any laws of the Republic of the Philippines
  • - Co-operate with any court order requiring information about the activities or the service details. Bayan may implement technical mechanisms to prevent behavior which breaches this policy (for example, which block multiple postings before they are forwarded to their intended recipients, access to peer-to-peer networks or websites or network addresses deemed to hold illegal content).

Bayan may exercise any rights it has under its contract with you whose account is being used in breach of this policy. Such rights include the right to suspend or terminate your use of the service.

Bayan may take any other action it deems appropriate, including taking action against offenders to recover costs and expenses of identifying them.

IP Address Allocation

An IP address is a number(s) that identifies a connection to the internet.

  • - Residential grade services are assigned an IP address upon successful authentication. This means that an IP address from an allocated pool is assigned to you upon log-in and that IP address will change from time to time as set by the system.
  • - Customers with static IP or those that do not form part of the allocated pool and will have a constant IP address
  • - Residential Grade services are required to re-connect/re-authenticate to Bayan network every 24-hour period (from initial log-in). This provides consistency and accuracy for usage and accounting purposes.
  • - Premium/Business DSL and fiber services are exempt from the above.

Permitted Services

There are internet “servers” or “services” that are considered inappropriate to be hosted on Budget Grade and Fixed Wireless/Mobile Broadband services of Bayan namely:

  • - Anything that nay be defined as a “server”; examples are as follows:
    • - Web Server (port 80)
    • - Mail Server (port 25, 110, 143)
    • - Game Server (various ports)
    • - Any FTP Server (20, 21)
    • - DNS Servers (53)
    • - P2P Server (various ports)
    • - IRC (or other Chat) servers (various ports)
    • - Services specifically exempt are:
    • - Non-Business VPN
    • - Remote Control (i.e., Remote administrator, PC anywhere, Terminal Services, Laplink, VNC, etc.)
    • - On the fixed Wireless/Mobile Broadband, no P2P or anonymous services although SMTP, FTP and alike are allowed

Bayan reserves the right to block these or any other like services from operating on Bayan’s network by utilizing access-lists, firewall, filtering or other bandwidth control technologies to limit the amount of bandwidth available to services that are not permitted.

Open Relay Mail Servers

Bayan define an “Open-Relay” mail server as an SMTP mail server that allows third parties to send e-mails to other third parties. Third parties are those people/services that are not authorized to use an end-customer mail server.

One use of an Open-Relay server is that they are used to send spam/viruses to many people (perhaps hundreds of thousands). Open Relay servers cause significant stress on Bayan’s network and are not allowed under any circumstances.

Business customers who choose to operate their own mail servers are responsible for the orderly administration of those servers. They must be configured not to be able to be used for “open relaying”. If you need assistance, please contact Bayan.

Any customer, who operates an Open Relay mail server, whether purposefully or accidentally, will be liable for costs incurred by Bayan in dealing with the situation.

Disclaimer of Responsibility

Bayan is under no duty to look at each customer’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police internet-related activities. Bayan disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person’s or party’s violation of this policy.

All Sub-Networks, resellers and managed servers of Bayan must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation.

INTRODUCTION

The Acceptable Use Policy (“AUP”) is designed to provide an understanding of the rules, limitations and restrictions regarding the use of Bayan’s services by the Company. References to “you" and “your” are references to you, the Company. This AUP supplements Bayan’s Service Agreement (“SA”). From time to time Bayan may impose reasonable rules and limitations regarding the use of its Services. The AUP is not exhaustive and Bayan reserves the right to modify the AUP at any time, effective upon either the posting of the modified AUP at http://www.mybusiness.globe.com.ph/MSA or notification of the modified AUP to you.

By registering for and using the services, and thereby accepting the terms and conditions of the Terms of the Service Agreement (published at http://www.mybusiness.globe.com.ph/msa) or its equivalent, you agree to abide by the AUP as modified from time to time. You agree that you shall only use the Service for the following:

  1. Personal or Business Use
  2. Use that is within the bounds of the laws and any rules and regulations of any government agencies for the use of the Service
  3. Use that does not in any way violate, impinge, interfere with the rights or affect the use by other users of the network.

Any violation of the AUP, direct and indirect, by you or by a third party on your behalf, may result in the suspension or termination of your account or such other action as Bayan deems appropriate. An unlisted activity may also be a violation of the AUP if it is illegal, irresponsible, or disruptive use of the internet. No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM BAYAN. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. CONTENT INCLUDES, WITHOUT LIMITATION, YOUR ELECTRONIC MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS BAYAN’S POLICY TO TERMINATE REPEAT INFRINGERS, BAYAN RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

Customer Security Responsibilities

You are solely responsible for any breaches of security affecting servers under customer control. If your server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, you are responsible for the cost to rectify the damage done to your server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and Bayan reserves the right to charge all costs related to rectifying the damage. Inquiries regarding security matters may be directed tomybusinessCARE@globe.com.ph.

System and Network Security Violations of system or network security are prohibited, and may result in criminal or civil liability. Bayan may investigate incidents involving such violations and may involve and could mean cooperation with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

  • - Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
  • - Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
  • - Interference with service to any user, host or network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
  • - Forging of any TCP-IP packet header or any part of the header information in an e-mail or newsgroup posting.

High-risk services, which are services which tends to attract denial of service attacks, are strictly prohibited. This includes, but is not limited to, Internet Relay Chat (“IRC”) related services and selling of shell accounts.

Violators of the policy are responsible, without limitations, for the cost incurred by Bayan to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints including but not limited to labor costs. Such labor is categorized as emergency security breach recovery and Bayan reserves the right to change all costs related to rectifying the damage. Inquiries regarding security matters may be directed to mybusinessCARE@globe.com.ph. Bayan is concerned with the privacy of online communications and web sites. In general, the internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Bayan urges you to assume that all of your online communications are not secure, and we encourage you to make use of the following tools including but not limited to: 

  • - anti-virus software;
  • - appropriate software and/or hardware firewalls;
  • - privacy protection tools

Bayan cannot take responsibility for the security of information transmitted over Bayan facilities.

Password Protection

You are responsible for protecting your password and for any authorized and unauthorized use of your password. You will not use or permit anyone to use Bayan Service or to access other systems or networks without authorization. Bayan will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Internet Etiquette

You are expected to be familiar with and to practice good internet etiquette (Netiquette) as stated in this AUP. You will comply with the rules, appropriate to any network to which Bayan may provide access. You will not post, transmit, or permit Internet access to information you desire to keep confidential. You are not permitted to post any material that is illegal, libelous and/or tortuous, indecent or is likely to result in retaliation against Bayan by offended users. You are not allowed to post any material that will result to rebellion, insurrection, coup d’ etat, sedition, conspiracy to commit sedition or inciting to sedition.

Bayan reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

Copyright Infringement – Software Piracy Policy

The Bayan network may only be used for lawful purposes. Transmission, distribution or storage of any information, data or material in violation of the law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law, regardless how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating copyright law. If caught with pirated software, you may be liable under both civil and criminal law, and you may be fined and/or imprisoned. In compliance with the laws relating to Intellectual Property, please send notifications of claimed infringements to mybusinessCARE@globe.com.ph. Bayan will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Network Responsibility

You have a responsibility to use the Bayan network responsibly. This includes respecting the other subscribers of Bayan. Bayan reserves the right to suspend and/or cancel service of any subscriber who uses the Bayan network in such a way that adversely affects other Bayan network subscribers. This includes but is not limited to:

Attacking or attempting to gain unauthorized access to servers and services that belong to Bayan or its subscribers (i.e. computer hacking), and/or participating in behavior which result in reprisals that adversely affect the Bayan network or other subscribers access to the Bayan network.

Bayan will react strongly to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include, but are not limited to “Internet Scanning” (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of the accounts or computer by a Bayan subscriber, whether or not the attacked account or computer belongs to Bayan, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server or subscriber of Bayan is strictly prohibited.

Lawful Purpose

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation or AUP is prohibited. This includes, but is not limited to:

  • - copyrighted material; and/or
  • - material protected by trade secret and other and other statute; and/or
  • - dissemination of harmful or fraudulent content

Using any Bayan service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under the applicable law is prohibited.

Any conduct that constitutes harassment, fraud, stalking, abuse, spamming, the spread of viruses, or denial of service attacks in connection with use of Bayan services or products is prohibited. Using the Bayan network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

Servers hosted within Bayan network are open to the public. You are solely responsible for your usage of the Bayan network and servers and any statement you make on servers hosted within the Bayan network may be deemed “publication” of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in a manner that is illegal or libelous.

Pornography on the Internet

Our policy on pornography is zero tolerance, Bayan will cooperate fully with any criminal investigation into a subscriber’s violation of the Child Protection Act of 1984 concerning child pornography and the other laws on pornography. You are ultimately responsible for the actions of your clients over the Bayan network, and will be liable for illegal material posted by your clients.

According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ on the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Commercial Advertisements with E-mail 

Bayan takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. This means that a subscriber of Bayan may not use or permit others to use Bayan’s network to transact in UCE. You may not host or permit hosting of sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Sending unsolicited messages to a number of recipients is by itself spamming, unless the individuals have specifically requested to be added to a mailing on the topic. This includes commercial advertisements and informational messages sent to recipients via electronic mail (e-mail) as well as off-topic messages posted in Usenet discussion groups where the recipients has not requested or invited the message. Mailing lists must be true opt-in mailing lists. Before sending any e-mail to listed user, a confirmation e-mail, with a tracking number, must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. You must keep these confirmations on file, so that in the case that a spam complaint is made against you, you have proof that the user did indeed opt-in. In addition, you must provide at least one easy way to opt-out. Opt-out requests must be honored immediately.

E-mail is a Person-to-Person Medium, Not a Broadcast Medium

You are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Subscribers are ultimately responsible for the actions of their clients over the Bayan network, it is advisable to develop a similar or stricter policy for your clients.

Violation of Bayan’s SPAM policy as contained in this Agreement will result in appropriate legal action. Upon notification of an alleged violation of the SPAM policy, Bayan will initiate an immediate investigation (within 48 hours of notification). During the investigation, Bayan may restrict your access to the network to prevent further violation of the SPAM policy. Bayan may, at its sole discretion, restrict, suspend or terminate your account. Further, Bayan reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Bayan will notify law enforcement officials if the violation is believed to be a criminal offence.

Violation if Bayan SPAM policy may be reported to mybusinessCARE@globe.com.ph.

IP Address Overlap

Bayan administers the network on which your servers reside. You cannot use IP addresses which have not been assigned to you by Bayan staff. Any server found using IPs that have not been assigned will be suspended from network access until such time as the IP address overlap can be connected.

IRC POLICY

Bayan does not allow use of IRC Servers on the Bayan network without written authorization. This includes but is not limited to the use of server software, bits or the like. Violators’ servers will be suspended.

Billing

You understand that you are responsible for paying for any network resources that are used to connect your service to the Internet. You may request that your server be disconnected from the Internet, but you will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

Suspension

Bayan reserves the right to suspend network access to you if, in the judgment of the Bayan network administrators, your server is the source or target of the violation of any of the other terms of the AUP or for other analogous grounds which in Bayan’s reasonable judgment are violations of the terms of the AUP. If inappropriate activity is detected, all your accounts in question will be deactivated until an investigation is complete. Prior notification to you under these circumstances is no assured. In extreme cases, law enforcement will be contacted regarding the activity. You will not be credited for the time the customers’ machines had to be suspended. You will be credited on a prorated basis based on the monthly fees you pay for the servers that suspended for the time your machines had to be suspended.

Cancellation

Bayan reserves the right to cancel service at any time. If inappropriate activity is detected, all your accounts in question will be deactivated until an investigation is complete. Prior notification to you under these circumstances is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation are non-refundable if Bayan institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to you (i.e. transfer, space, etc.).

Indemnification

Bayan wishes to emphasize that in signing the Bayan Terms and Conditions Agreement, or its equivalent, you will indemnify Bayan for any violation of Bayan terms and conditions agreement, law or AUP that results in loss to Bayan or the bringing of any claim against Bayan by any third party. This means that if Bayan is sued because of your or your customer’s activity, you will pay any damages awarded against Bayan, plus costs and reasonable attorney’s fee.

Acceptable Use – Broadband Services

You must not use the service in manner which interferes with the rights of the other users or which breaches Internet Etiquette as likewise enumerated herein.

Among others, you must not:

  • - disobey the rules of any newsgroup, forum, e-mail mailing list or other similar group
  • - post the same or similar messages to more than one USENET newsgroups (including excessive cross-posting or multiple-posting, also known as “SPAM”)

Unauthorized Access 

You must not use the service to obtain unauthorized access to computer, system or network.

If you do not have authorization, you must not:

  • - access or use any data, systems or networks
  • - probe, scan or test the vulnerability of a system or network
  • - breach any security or authentication measures for a system or network
  • - attempt to gain access to the account of any other user or system or network.

Unlawfully accessing or damaging data in a computer is not only a breach of the Acceptable Use Policy, it is also a criminal offense punishable by fine imprisonment or both according to law.

You must not use the service in manner which may interfere with the technical operation of the service or any other computer, system or network.

You must not attempt to interfere with the regular workings of the Bayan systems or network connections or the Bayan or its upstreams or any other network. The Bayan may override any attempt by you to specify a particular traffic routing pattern.

You must not impair the ability of other people to use the Bayan systems or the Internet or any other connected networks. You must not use the service as a staging ground to disable or interfere with other systems, for example DoS/DDoS attacks, Port Scans, etc. You must not use IRC (or other “chat” networks) bots or clone-bots on the service. An IRC bot is a program that runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.

Legal Material

In using the service, you must not break any laws or infringe the rights of other persons.

For example, you must not:

  • - distribute or make available any abusive, obscene, defamatory or pornographic material
  • - distribute or make available any material which would be classified R or X (or refused classification) by the Classification Board or banned under the laws of the Republic of the Philippines
  • - copy or attempt to copy any material if you do not have the owner’s permission to do so.

Detection/Co-operation

To detect and deal with the breaches of the AUP, Bayan may take the following actions:

  • - Co-operate with the other service providers to control unacceptable user behavior,
  • - Co-operate with the Police (state or federal), or other law enforcement or intelligent agencies of the Republic of the Philippines, by providing the details and related data (i.e., log files) of users who are suspected of breaking any laws of the Republic of the Philippines
  • - Co-operate with any court order requiring information about the activities or the service details. Bayan may implement technical mechanisms to prevent behavior which breaches this policy (for example, which block multiple postings before they are forwarded to their intended recipients, access to peer-to-peer networks or websites or network addresses deemed to hold illegal content).

Bayan may exercise any rights it has under its contract with you whose account is being used in breach of this policy. Such rights include the right to suspend or terminate your use of the service.

Bayan may take any other action it deems appropriate, including taking action against offenders to recover costs and expenses of identifying them.

IP Address Allocation

An IP address is a number(s) that identifies a connection to the internet.

  • - Residential grade services are assigned an IP address upon successful authentication. This means that an IP address from an allocated pool is assigned to you upon log-in and that IP address will change from time to time as set by the system.
  • - Customers with static IP or those that do not form part of the allocated pool and will have a constant IP address
  • - Residential Grade services are required to re-connect/re-authenticate to Bayan network every 24-hour period (from initial log-in). This provides consistency and accuracy for usage and accounting purposes.
  • - Premium/Business DSL and fiber services are exempt from the above.

Permitted Services

There are internet “servers” or “services” that are considered inappropriate to be hosted on Budget Grade and Fixed Wireless/Mobile Broadband services of Bayan namely:

  • - Anything that nay be defined as a “server”; examples are as follows:
    • - Web Server (port 80)
    • - Mail Server (port 25, 110, 143)
    • - Game Server (various ports)
    • - Any FTP Server (20, 21)
    • - DNS Servers (53)
    • - P2P Server (various ports)
    • - IRC (or other Chat) servers (various ports)
    • - Services specifically exempt are:
    • - Non-Business VPN
    • - Remote Control (i.e., Remote administrator, PC anywhere, Terminal Services, Laplink, VNC, etc.)
    • - On the fixed Wireless/Mobile Broadband, no P2P or anonymous services although SMTP, FTP and alike are allowed

Bayan reserves the right to block these or any other like services from operating on Bayan’s network by utilizing access-lists, firewall, filtering or other bandwidth control technologies to limit the amount of bandwidth available to services that are not permitted.

Open Relay Mail Servers

Bayan define an “Open-Relay” mail server as an SMTP mail server that allows third parties to send e-mails to other third parties. Third parties are those people/services that are not authorized to use an end-customer mail server.

One use of an Open-Relay server is that they are used to send spam/viruses to many people (perhaps hundreds of thousands). Open Relay servers cause significant stress on Bayan’s network and are not allowed under any circumstances.

Business customers who choose to operate their own mail servers are responsible for the orderly administration of those servers. They must be configured not to be able to be used for “open relaying”. If you need assistance, please contact Bayan.

Any customer, who operates an Open Relay mail server, whether purposefully or accidentally, will be liable for costs incurred by Bayan in dealing with the situation.

Disclaimer of Responsibility

Bayan is under no duty to look at each customer’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police internet-related activities. Bayan disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person’s or party’s violation of this policy.

All Sub-Networks, resellers and managed servers of Bayan must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation.

myBusiness Tracker Subscription Agreement

Description of Service

  1. The Service grants Customer a revocable, non-exclusive, non-transferable and limited access to use the myBusiness Tracker Plan (“Service”) described as a GPS tracking solution. Customer acknowledges that the description of the Service may be changed by Globe at anytime and hence, any such change is not a ground for termination of the Service by Customer.
  2. Customer may avail of any of the following plans:
    1. Plan 599 which includes:
      1. Globe SIM with 200 All-Net SMS and 100mb mobile data
      2. T23 Track GPS Tracker device (“Device”)
      3. Access to tracking portal at www.mybusinesstracker.tramigocloud.com
        • 1 month historical data
        • maximum 1000 vehicles that can be tracked
        • live tracking
        • trip summaries
        • status information
        • statistics
        • alarms/warnings
          • - speed
          • - low power
          • - motion alarm
  3. The Service shall be activated after approval of Customer's application.

 

Minimum Subscription Period (MSP)

  1. Subscription to the Service has an MSP of twenty-four (24) months from activation. Upon expiration of the MSP, subscription to the Service will continue until Customer or Globe Telecom, Inc. (“Globe”) terminates the subscription.
  2. Should the Service be terminated within the MSP (a) by Customer or (b) by Globe due to breach by Customer, Customer shall pay pre-termination charge equivalent to the total Monthly Service Fee (MSF) of the Service multiplied by the remaining months of the MSP, in addition to Administration Charges.
  3. Customer is not allowed to downgrade during the MSP.

 

Ownership

  1. Customer acknowledges that myBusiness Tracker Plan and any copyrights, trademarks, patents, trade secrets, intellectual property rights and other proprietary rights in and to the Service are owned by Globe and/or Globe’s licensor, and Customer obtains no right, title or interest therein.
  2. Should the Service or the operation thereof become, or in Globe’s opinion, is likely to become the subject of a claim for infringement, Globe may (i) procure for Customer the right to continue using the Service, (ii) replace or modify the same so that it becomes non-infringing; or (iii) terminate the Service upon written notice in which event, Customer will not be liable for pre-termination charges.

 

Security

  1. Customer shall provide for a security system for its own network, equipment, and/or operating system and other similar appurtenances. The Customer shall be responsible for ensuring the security and confidentiality of its own systems and devices.
  2. Customer shall be responsible for the security of its user name and password. Any use of the Service through Customer’s user name and password shall be conclusively presumed to be authorized by the Customer.

Technical Support

Technical support is available on weekdays during business hours, 8:00AM-5:00PM for resolution of issues such as access, content, hardware limitations and other similar problems. For technical support, Customer may call up the hotline at +632 917 2888 or send email to tsc@globe.com.ph Technical support is available on weekdays during business hours, 8:00AM-5:00PM for resolution of issues such as access, content, hardware limitations and other similar problems. For technical support, Customer may call up the hotline at +632 917 2888 or send email to tsc@globe.com.ph

Compliance with myBusiness Tracker Plan’s Portal Terms of Service and Acceptable Use Policy.

Customer acknowledges that its subscription to the Service is subject to Customer’s acceptance of the myBusiness Tracker Plan Portal Terms of Use stated in https://mybusinesstracker.tramigocloud.com/terms-of-use.html and Privacy Policy stated inhttps://mybusinesstracker.tramigocloud.com/privacy-policy.html. Customer acknowledges that its subscription to the Service is subject to Customer’s acceptance of the myBusiness Tracker Plan Portal Terms of Use stated in https://mybusinesstracker.tramigocloud.com/terms-of-use.html and Privacy Policy stated inhttps://mybusinesstracker.tramigocloud.com/privacy-policy.html.

Prohibited Acts

The Customer shall use the Service only for legitimate purposes and shall not –

  1. use the Service for any purpose that is illegal, immoral, or contrary to public policy.
  2. cause or cause others to copy, reconfigure, reverse engineer, decompile, disassemble, derive source code, modify or prepare derivative works of the Service, or tamper with any of the components of the Service;
  3. remove, disable, or defeat any functionality in the Service designed to limit or control access to or use of the Service;
  4. introduce into the application any program which contains viruses, worms, ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication service;
  5. provide a third party access to the Service, or any portion thereof;
  6. resell or bundle the Service together with other services rendered by Customer or a third party;
  7. make any portion of the Service available to third parties through any timesharing system, service bureau, the Internet, or any other similar technology now existing or developed in the future;
  8. remove or obscure any copyright notice or other notice or terms of use contained in the Service;
  9. use the Service in any fashion that may infringe any copyright, intellectual property right, or proprietary or property right or interest of Globe or Globe’s licensor; or
  10. engage in any activity analogous to the foregoing.

 

Indemnity and Liquidated Damages

  1. Customer shall indemnify Globe for any and all damages that Globe may suffer, as well as against any third party claim for which Globe may be held liable arising out of Customer’s commission of any of the prohibitions stated in Clause 7, or violation of any of these terms and conditions.
  2. In the event that Globe terminates the Service due to Customer’s breach, Customer shall pay GLOBE liquidated damages equivalent to the monthly service fee multiplied by the number of remaining months of the initial term or renewal term, as applicable.

Force Majeure

Neither party shall be in default if its failure to perform any obligation hereunder is caused solely by supervening conditions beyond that party’s reasonable control, including, but not limited to, natural calamities, civil commotion, strikes, labor disputes, fires, terrorist acts, or governmental demands or requirements; provided that any such performance shall be completed as soon as commercially reasonable following the termination of any such supervening conditions. Neither party shall be in default if its failure to perform any obligation hereunder is caused solely by supervening conditions beyond that party’s reasonable control, including, but not limited to, natural calamities, civil commotion, strikes, labor disputes, fires, terrorist acts, or governmental demands or requirements; provided that any such performance shall be completed as soon as commercially reasonable following the termination of any such supervening conditions.

Service Warranty Disclaimer

  1. The Service is furnished on an "as is", as-available basis. Globe does not warrant that the Service will be uninterrupted or error-free. All warranties of any type not expressly stated in the Agreement, express or implied, including the warranties of merchantability, fitness for a particular purpose or non-infringement are expressly disclaimed.
  2. Globe shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from: (a) any errors in or omissions from the Service, (b) the unavailability or interruption of the Service, (c) Customer’s use of the Service (regardless of whether Customer received assistance from Globe or its licensor in using the Service, or (d) Customer’s use of any equipment in connection with the Service.
  3. Globe shall not be liable for loss of data. The Service is not intended to be the sole back-up location for any data. Customer is responsible for backing up its own data files to a location other than the Service.

Device Warranty Disclaimer

  1. The GPS Tracking Device (“Device”) is does not warrant that the Service will be uninterrupted or error-free. All warranties of any type not expressly stated in the Agreement, express or implied, including the warranties of merchantability, fitness for a particular purpose or non-infringement are expressly disclaimed.
  2. Replacement and service warranty of the device is covered for the entire duration of the MSP. Upon expiration of the MSP the applicable fee shall be charged for any device repair requested by Customer.
  3. Any unauthorized tampering and modification of the device and its components shall automatically void the warranty.
  4. Own damage and damage caused by third party contractors, flooding, animals/insects, grounded units, hijacking, collision, force majeure, acts of God and such other circumstances beyond the control of Globe shall automatically void the warranty.

Limitation of Liability

  1. In no event shall Globe be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including without limitation, damages for loss of profits, loss of use, business interruption, loss of data or other pecuniary loss), in connection with Customer’s subscription to the Service whether based upon contract, tort or any other legal theory, including negligence, even if Globe has been advised of the possibility of such damages.
  2. In no event shall Globe’s liability to Customer arising from the Service exceed the total amount of MSF for the Service actually paid by Customer to Globe, or an amount equivalent to one year MSF, whichever is lower.

Termination

  1. Globe may terminate the subscription to the Service upon notice if Customer commits any of the Prohibited Acts stated in Clause 7.
  2. Globe may terminate the subscription to the Service upon fifteen (15) days prior written notice (“Cure Period”) if Customer fails to pay the MSF and other charges, if any, unless during the Cure Period, Customer pays all outstanding amounts to the full satisfaction of Globe.
  3. Globe may terminate the subscription to the Service upon seven days prior written notice in the event any circumstance arises which prevents Globe from rendering the Service. In such an event, Customer shall not be liable to pay pre-termination charge.

Assignment

Customer shall not assign or transfer his/her subscription to the Service without the prior written consent of Globe. Customer shall not assign or transfer his/her subscription to the Service without the prior written consent of Globe.

Clearance Sale of Discounted Devices

General Description

These Terms and Conditions are specific to Globe’s ClearanceSale wherein the handsets sold at a discounted price are classified under these conditions 1) devices with good box, 2) devices with damaged box and 3) refurbished devices.

These Terms and Conditions are specific to Globe’s ClearanceSale wherein the handsets sold at a discounted price are classified under these conditions 1) devices with good box, 2) devices with damaged box and 3) refurbished devices.

Physical Condition

Devices with good & damaged boxes are certified brand new units with complete packaging and accessories. However, devices classified with damaged boxes have packaging that may appear dented, deformed or have visible scratches and markings on the box. 

Refurbished devices are second hand units that underwent technical evaluation and quality assurance prior to resale.

Devices with good & damaged boxes are certified brand new units with complete packaging and accessories. However, devices classified with damaged boxes have packaging that may appear dented, deformed or have visible scratches and markings on the box. 

Refurbished devices are second hand units that underwent technical evaluation and quality assurance prior to resale.

Gadget Replacement and Repair

Items classified under 1) devices with good box and 2) devices with damaged box have a one (1) year Manufacturer’s Warranty (“Warranty Period”). However, all repair requests must be coursed through the Gadget manufacturer’s authorized service center(s). After the Warranty Period, charges for repair and other associated costs will apply. Replacement within 7 calendar days is not covered by the warranty and will not be accepted by Globe.

Refurbished items no longer have warranty. Sale is on an “as is where is” basis.

Globe is held free from any liability or responsibility respecting any defect visible or invisible that the handset may have at the time of purchase as well as any defect or damage that may manifest or be discovered thereafter. 

By affixing his/her signature below, Subscriber hereby confirms that he/she has read and understood the foregoing Terms and Conditions specific to this Clearance Saleand that he/she agrees to be bound thereby. 

Subscriber’s Signature Above Printed Name: _________________________________ 
Date: ___________________________ 
Gadget Availed and corresponding SRP: ______________________________

 

Application Approval and Service Activation

  1. Customer affirms that the information provided in the Application Form and the supporting documents submitted are true and correct. Customer authorizes GLOBE to verify such information from whatever sources. Any incorrect information provided by Customer may result in the denial of the application or if already approved, in the suspension or termination of the Service.
  2. GLOBE may request submission by Customer of additional requirements to facilitate the processing of its/his/her application. Approval of the application for Service is at the sole discretion of GLOBE. In the event that Service application is disapproved or denied, GLOBE has no obligation to divulge to applicant the reason for such disapproval or denial.
  3. The Service shall be activated after approval of Customer's application.

 

Sim Card

  1. To be able to access the network of GLOBE and use the Service, GLOBE shall issue to Customer a SIM card.
  2. Customer shall be responsible for the SIM card upon its delivery to it/him/her. Customer shall keep the SIM card in good condition, fair wear and tear excepted. Customer shall bear the loss of the SIM card and in case of such loss, it is incumbent upon Customer to obtain a replacement SIM card from GLOBE in order that it/he/she may continue to access the Service. Damage to or loss of the SIM is not a valid ground for Customer not to pay the MRF and other charges. Neither is it a valid ground for termination of the Service without Pre-Termination Fee if such loss or damage occurs within the MSP.
  3. Customer shall be responsible for the security of the SIM card that will be provided by GLOBE and the confidentiality of its/his/her/ Personal Identification Number (PIN). All access to the Service made through the use of the SIM card shall be presumed made or authorized by Customer, hence, all the charges for such use shall be paid by Customer except for usage after the loss of the SIM card has been immediately reported to and acknowledged by GLOBE myBusiness Customer Service Channels.

 

Device

  1. The necessary device for accessing the Service may be a Bundled Device, Purchased Device or a device obtained by the Customer from other sources.
  2. By accepting the Device delivered to the Customer, the Customer confirms that it/he/she has inspected the Device and found the same in good order and working condition. Specifically, Customer confirms that -
    1. the Device and its accessories, i.e., battery, charger, etc., are new and original;
    2. there is a manufacturer's warranty seal, which is not defaced or altered;
    3. the Device's external housing, keypad and cosmetic parts are free from dents and scratches; and
    4. the Device and its accessories have no apparent defect and thus —
      1. screen shows a clear display;
      2. display has no missing lines;
      3. keys respond accordingly;
      4. signal indicator is stable;
      5. device is properly charging; and
      6. for mobile phones, incoming and outgoing calls are audible.
  3. In the event of a Device with factory defect —
    1. If factory defect is discovered within seven (7) days from date of delivery- <
      1. For Company Managed Account, the defective Device will be replaced by GLOBE provided that the defect is reported to the GLOBE myBusiness Customer Service Channels within seven (7) days from delivery to the SPOC, and the defective Device, together with all its accessories and original packaging, as well as the original invoice and delivery receipt, is ready for pick up at the appointed date and time set by GLOBE. Another option is for the Customer to bring the defective Devicetogether with all its accessories and original packaging to any GLOBE Store.
      2. For Company Subsidized Account, such defective Device shall be replaced by GLOBE provided that the defective Device, together with all its accessories and original packaging, as well as the original invoice and delivery receipt, is brought to any GLOBE Store within seven (7) days from delivery thereof to the Customer.
    2. If the factory defect is discovered beyond seven days from date of delivery, subject to the manufacturer's warranty, Customer should bring the defective device to the authorized service center of the manufacturer.
    3. All GLOBE provided Device have a one (1) year Manufacturer's Warranty (“Warranty Period”).
  4. GLOBE reserves the right to deny a request for replacement in any of the following instances:
    1. The Device has been subjected to abnormal or negligent use; improper storage; exposure to moisture or dampness, excessive temperature or abnormal environmental conditions; unauthorized modifications, connections, or repair;
    2. The Device's serial number, accessory date code, IMEI, or manufacturer's warranty seal has been removed, defaced or altered;
    3. GLOBE's SIM lock has been unlocked or tampered;
    4. The original manufacturer's battery, antenna, front and back covers, or other accessories are incomplete or have been replaced;
    5. There are visible dents, scratches, markings or signs indicating that the Device was dropped;
    6. There is a network monitor installed in the transceiver;
    7. There are softwares or features not normally present in the original Device;
    8. Any software embedded on the Device has been deleted;
    9. The Device's IMEI or Serial Number is not the same as the IMEI or Serial Number of the Device delivered to Customer; or
    10. Any other instance showing that the Device's flaw is not a factory defect.
  5. Customer shall be responsible for the Device upon its delivery to it/him/her. Customer shall keep the Device in good condition, fair wear and tear excepted. Customer shall bear the loss of the Device, hence, the damage to or loss of Device is not a valid ground for Customer not to pay the MRF and other applicable charges. Neither is damage to or loss of Device is a valid ground for termination of the Service without Pre-Termination Fee if such loss or damage occurs within the MSP. In the event of damage to or loss of the Device, it is incumbent upon Customer to have such Device repaired or to obtain another device in order that it/he/she may continue to access the Service.
  6. In the event of damage to or loss of the Device, GLOBE has no obligation to repair or replace the damaged Device if the same is caused by vandalism, accident, Customer's own fault or negligence or that of a third person, fire, theft or robbery, or force majeure. In the event of damage or loss of the Device, Customer shall remain liable to pay the MRF without any deduction on account of the damage to or loss of the Device. Likewise, Customer shall remain liable to pay the price of the Purchased Device.
  7. In the event of Device/SIM loss, the customer should immediately notify GLOBE myBusiness through its 24x7 GLOBE myBusiness Customer Service Hotline at (02) 730-1288.In the event of such loss, GLOBE will temporarily disconnect the Service upon request of the Customer. Usage charges that accrue prior to the time that the loss is reported to GLOBE shall be billed to and paid by Customer. The Service will be re-connected upon request of Customer. However, GLOBE has the option to reconnect the Service after the lapse of thirty (30) days even in the absence of a request for reconnection. During the period of temporary disconnection, the MRF will not billed. If the temporary disconnection occurs within the MSP, the MSP will be extended for the same period that the Service was temporarily disconnected.
  8. By accepting the Device, Customer acknowledges that the features of the Device has been explained and understood. Customer further acknowledges that it is the obligation of the Customer to thoroughly know the specifications, features, and capabilities of the Device. Hence, all usages emanating from the use of the Device whether or not actively or consciously made by the Customer, or made by another person with or without Customer’s consent, is billable and shall be paid for by the Customer.

Mobile Numbers

  1. Randomly assigned mobile numbers follow the numbering plan assigned by the NTC. GLOBE retains ownership over these numbers and thus, have the right to change and re-allocate any telephone number assigned to Customer at any time without incurring any liability for any loss suffered or inconvenience experienced by Customer arising from such change or re-allocation.
  2. Upon termination of the Service, GLOBE may assign to another customer the telephone number previously assigned to Customer, hence, it is incumbent upon Customer to notify its contacts of such termination.

Booster Services

  1. Customer may choose from any of the available Booster.
  2. Customer may change, add or cancel the Boosters subscribed to through the GLOBE myBusiness Customer Service. Activation or de-activation of Boosters will be effected within the next business day. Approval of any application or request for a change in any Booster shall be at the sole discretion of GLOBE.
  3. Each Booster has a corresponding MRF.
  4. If the Booster subscribed to is DUO, the following additional terms and conditions shall apply:
    1. The Customer will be given a separate DUOnumber which serves as its/his/her new landline number.
    2. The Customer's existing line shall not be subscribed to more than one active DUO Service.
    3. Within the DUO registered area, Customer can make free unlimited calls :
      1. to any landline numbers with the same area code as the DUO number, subject to applicable interconnection policy
      2. to any Globelines numbers anywhere in the Philippines, and
      3. to any DUOnumber anywhere in the Philippines.
    4. Customer will be assigned a DUOnumber based on the Customer’s address.
    5. Calling a landline number outside Customer’s registered DUO area will be charged as NDD.
    6. All calls made while outside the DUO registered area will be charged as mobile calls.
  5. Boosters are renewed and charged every 30 days such that, even if Booster was active for less than 30 days, the full MRFfor 30 days will be charged.

Special Promotions

  1. GLOBE may offer special promotions from time to time. The terms and conditions applicable to such special promotions shall apply during the promotion period. Upon the lapse of the promotion period, the application of the terms of conditions of this Agreement shall be resumed.
  2. Customer acknowledges that there may be some special promotions advertised by GLOBE that may not be availed of by Customer because said special promotions are available only to Accounts that are classified by GLOBE as “Consumer” accounts or Accounts that belong to the other business units of GLOBE.

Minimum Subscription Period (MSP)

Upon the lapse of the MSP, this Agreement shall be renewed automatically on a month-to-month basis until a new agreement is executed by the parties or this Agreement is terminated in accordance with the provisions of this Agreement.

International Roaming Service

  1. When traveling abroad, Customer may avail of the international roaming service using the SIM through the networks of GLOBE's Roaming Partners. GLOBE, however, makes no representation, that the international roaming service is always available in all countries.
  2. The Customer shall abide by the terms and conditions imposed by the Roaming Partner whose roaming service is availed of by the Customer while abroad.
  3. Customer acknowledges that it/he/she will be billed roaming charges, in addition to the MRF and/or the usual charges for both incoming and outgoing calls, outgoing SMS (and incoming SMS for some Roaming Partners),internet access, VAS, and such other services that may be availed of by Customer through the Roaming Partner's network. Roaming rates vary and subject to change without notice at the discretion of the Roaming Partner, hence, it is incumbent upon the Customer to inquire from GLOBE about the charging principle of the Roaming Partners in Customer's country of destination.
  4. International Roaming Serviceis automatically activated upon subscription to the Service unless customer opts-out of the International Roaming viamyBusiness Customer Service Channels.
  5. GLOBE has the option to immediately suspend the International Roaming service without notice and without liability to Customer -
    1. when Customer exceeds its/his/her SpendingLimit;
    2. when there is an unusual surge in usage; of the Customer's Line;
    3. when GLOBE reasonably suspects that the Service is being used to commit fraud;
    4. when requested by the Roaming Partner; or
    5. when there are circumstances necessitating the suspension of the international roaming service.
  6. In case of loss of the SIM and/or Device while roaming, Customer should immediately report such fact by calling collect (operator-assisted) the GLOBE Roaming Support Hotline at +632 7301212. IDD charges to other numbers and hotel call charges or surcharges that may arise in making such operator assisted calls, shall be shouldered by Customer. Customer shall be liable for all the charges arising from all usage up to and until Customer has reported the loss.

After—sales Service

  1. SPOC may coordinate with a dedicated After-Sales Team whom Customer can coordinate with for its/his/her after-sales concerns such as, but not limited to the following:
    1. Report of Lost SIM;
    2. Change of Account Assignee;
    3. Change of Billing Address;
    4. Change of Mobile Number;
    5. Change or Modification of Subscription Plan/ Booster resulting to change in MRF
    6. IDD Activation or Deactivation;
    7. International Roaming Activation/ De-Activation;
    8. Request for Temporary Disconnection;
    9. Reconnection of a Call Redirected / Temporarily Disconnected Account;
    10. Request for Pin Unblocking Key (PUK);
    11. Report of Lost and/or Found Device/SIM ;
    12. Increase/Reduction of Credit Limit and/or Spending Limit;
    13. SIM Card Replacement;
    14. Billing Concerns;
    15. Device Replacement (subject to the rule on 7-day replacement)
    16. Order additional lines
    17. Subscription to Boosters.
  2. For Company Managed Account, only the SPOC is authorized to transact the after sales services listed above.
  3. If the SPOC will be changed, the Authorized Signatory should notify GLOBE in writing of the fact that the SPOChas been changed and the name of the new SPOC. Otherwise, GLOBE shall not be liable for any loss or damage that may be suffered by Customer arising from the acts of the SPOCon record in the event that such SPOC's authority has been revoked by Customer.
  4. Notice of change of SPOCfrom the Authorized Signatory should be sent to GLOBE myBusiness Customer Service-
    1. by personal delivery;
    2. by mail or courier; or
    3. by e-mail (using the Authorized Signatory's e-mail address on record with GLOBE) to myBusinessCARE@globe.com.ph.Scanned copy of the written notice signed by the Authorized Signatory must be attached to the e-mail.

Fees and Charges

  1. Upon activation of the Service, Customer will be charged the applicable MRF and the applicable charges for the use of the Service that is not covered by the MRFand Booster charges.Services that are neither covered by the MRF nor the Booster shall be billed on a “pay-per-use” basis in accordance with the applicable rates.
  2. In addition to the MRF, GLOBE may charge Customer fees and charges, which may include administration fees, suspension fees, cancellation fees, late payment fees, reconnection or reactivation fees, downgrade fee, transfer fee, pre-termination fee, service modification fee, bill delivery fee, and such other applicable fees or charges as may be determined by GLOBE.

Credit Limit

  1. Customer will be assigned a credit limit which specifies the maximum recurring charge which it/he/she may subscribe to.
  2. GLOBE reserves the sole right to determine the Customer’s Credit Limit and approve or disapprove any request for change in the Customer’s Credit Limit. GLOBE may also proactively increase customer’s credit limit and notify the latter of the increase. Customer must notify GLOBE within the period indicated in the notificationif the new Credit Limit is not acceptable. Otherwise, Customer shall be deemed to have accepted the new Credit Limit

Spending Limit

  1. Customer may opt to set its desired Spending Limit per line subscribed to. If Customer does not set a Spending Limit, GLOBE will set a default Spending Limit.
  2. GLOBE has the sole right to increase or decrease Customer's Spending Limit and approve or disapprove any request for a change in the Customer’s Spending Limit. GLOBE may also proactively increase Spending Limit and notify Customer of the increase. Customer must notify GLOBE within the period indicated in the notification if the new Credit Limit is not acceptable. Otherwise, Customer shall be deemed to have accepted the new Credit Limit.
  3. Customer may request, at any time, details about its unbilled charges through the GLOBE myBusiness Customer ServiceChannel or by visiting any GLOBEStore, or consulting the Customer's account manager.
  4. If Customer exceeds the Spending Limit, GLOBE may send notifications through any of the contact numbers provided by the Customer. Further, GLOBE may bar the Service and may require immediate payment in order that Customer can continue to avail of the Service.
  5. Notwithstanding, Clause 4 of Spending Limit provision, it is incumbent upon Customer to monitor its/his/her usage in order to avoid exceeding the Spending Limit.
  6. Notwithstanding the setting of a Spending Limit, Customer shall pay for all usage whether within or in excess of its Spending Limit.

Billing

  1. Customer’s account is automatically enrolled to the paperless billing system of GLOBE. In this system, GLOBE shall send to the e-mail address of the customer the eBill or soft copy of the system generated Statement of Account after the monthly billing cut-off date unless the customer opts to receive paper bill in his billing address. Paper bill fees may apply.
  2. GLOBE may send the Statement of Account to other address(es) of the Customer, if any, disclosed in the Application Form, in the event of unsuccessful attempt to deliver the Statement of Account to the Billing Address.
  3. It is the obligation of Customer to immediately inform GLOBE of any change in its/his/ her Billing Address and e-mail address through the GlobemyBusiness Customer Service. Non-receipt of the Statement of Account is not a valid excuse for Customer not to pay on or before the due date. For Company-Managed Account, Customer hereby authorizes GLOBE to provide to the Assignee information about the Account.
  4. GLOBE will try to include in the Statement of Account all charges for the relevant billing period. However, this may not always be possible and GLOBE may include the unbilled charges in later bill(s).
  5. Customer should bring to the attention of GLOBE myBusiness Customer Serviceany billing inquiry or complaint within thirty (30) days from the date of the Statement of Account. Otherwise, the accuracy of the Statement of Account shall be deemed to be accepted by the Customer and in effect final and conclusive. In responding to any billing inquiry or complaint, the records of GLOBE shall be deemed correct and conclusive and hence, will be relied upon in the resolution of a billing complaint or dispute.
  6. Billing for the Service may be placed in a single Statement of Account together with the billing for other services availed of by Customer.
  7. GLOBE may bill the Customer using an authorized billing agent.

 

 

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